Align Technology, Inc. v. 3Shape A/S
1:17-cv-01647
Overview
Case Number
1:17-cv-01647
Filing Date
2017-11-14
Status
Terminated
Termination Date
2022-03-03
Court
District Court, D. Delaware (ded)
Presiding Judge
Leonard P. Stark
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:271 Patent Infringement
Jury Demand
Plaintiff
Parties
Defendant
3Shape Inc.
Represented By
13 Attorneys ListedBuchanan Ingersoll & Rooney PC
Tel: +1 (302) 552-4207
500 Delaware Avenue, Suite 720
Troutman Pepper Hamilton Sanders, LLP
Tel: +1 (302) 777-6536
Fax: +1 (302) 421-8390
Hercules Plaza, 1313 N. Market Street
3Shape A/S
Represented By
13 Attorneys ListedBuchanan Ingersoll & Rooney PC
Tel: +1 (302) 552-4207
500 Delaware Avenue, Suite 720
Troutman Pepper Hamilton Sanders, LLP
Tel: +1 (302) 777-6536
Fax: +1 (302) 421-8390
Hercules Plaza, 1313 N. Market Street
Plaintiff
Align Technology, Inc.
Represented By
34 Attorneys ListedWhite & Williams
Tel: +1 (302) 467-4513
White & Williams, 600 North King Street, Suite 800
Shaw Keller LLP
Tel: +1 (302) 298-0709
1105 North Market Street, 12th Floor, Wilmington, DE 19801
Shaw Keller LLP
Tel: +1 (302) 298-0700
1105 North Market Street, 12th Floor, Wilmington, DE 19801
JPMorgan Chase & Co.
Tel: +1 (302) 455-3374
JPMorgan Chase & Co., 4041 Ogletown Stanton Road
Court & Judges
Court
District Court, D. Delaware (ded)
Presiding Judge
Leonard P. Stark
Docket Entries
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against 3Shape A/S, 3Shape Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2266003.) - filed by Align Technology, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(nmg) (Entered: 11/14/2017)
2017-11-14
1
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 11/14/2017)
2017-11-14
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,566,132 B2; 8,545,221 B2; 8,092,215 B2; 7,056,115 B2; 8,734,149 B2; 6,227,850 B1. (nmg) (Entered: 11/14/2017)
2017-11-14
1
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Align Technology, Inc.. (nmg) (Entered: 11/14/2017)
2017-11-14
1
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Align Technology, Inc.. (nmg) (Entered: 11/14/2017)
2017-11-14
2
MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick and Patrick J. Stafford - filed by Align Technology, Inc.. (Shaw, John) (Entered: 11/14/2017)
2017-11-14
1
Summons Issued with Magistrate Consent Notice attached as to 3Shape A/S on 11/14/2017; 3Shape Inc. on 11/14/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg)
2017-11-14
1
No Actions
Summons Issued
2017-11-14
1
No Actions
SUMMONS Returned Executed by Align Technology, Inc.. 3Shape Inc. served on 11/15/2017, answer due 12/6/2017. (Shaw, John) (Entered: 11/15/2017)
2017-11-15
1
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:17-cv-01649-LPS (rjb)
2017-11-22
1
No Actions
Case Assigned/Reassigned
2017-11-22
1
No Actions
ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 11/27/17. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:17-cv-01649-LPS (ntl) (Entered: 11/27/2017)
2017-11-27
1
Pro Hac Vice Attorney Blair M. Jacobs,Christina A. Ondrick,Patrick Stafford for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
2017-11-27
1
No Actions
SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick and Patrick J. Stafford filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 11/27/17. (ntl)
2017-11-27
1
No Actions
Add Attorneys - PHV only
2017-11-27
1
No Actions
Order Referring Case to Magistrate Judge
2017-11-27
1
No Actions
SO ORDERED
2017-11-27
1
No Actions
PRAECIPE filed by Karen Elizabeth Keller on behalf of Align Technology, Inc. requesting Clerk to issue 4(f)(2)(C)(ii) and 4(h)(2) service on 3Shape A/S (Attachments: # 1 Affidavit of Karen E. Keller)(Keller, Karen) (Entered: 11/30/2017)
2017-11-30
1
Postal Receipt(s) for the mailing of process to 3Shape A/S (jcs) (Entered: 12/01/2017)
2017-11-30
1
PRAECIPE filed by David M. Fry on behalf of Align Technology, Inc. requesting Clerk to issue three original, sealed summonses as to defendant 3Shape A/S. (Fry, David) (Entered: 12/01/2017)
2017-12-01
1
PROPOSED ORDER [PROCEDURES ORDER] by Align Technology, Inc.. (Hoeschen, Nathan) (Entered: 12/04/2017)
2017-12-04
1
Emergency MOTION for Extension of Time to Answer Complaint - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit LOCAL RULE 7.1.1 STATEMENT, # 2 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 12/04/2017)
2017-12-04
1
SO ORDERED, D.I. (11 in 1:17-cv-01646-LPS-CJB) Proposed Procedures Order filed by Align Technology, Inc., (11 in 1:17-cv-01648-LPS-CJB)(11 in 1:17-cv-01649-LPS-CJB) (11 in 1:17-cv-01647-LPS-CJB). Ordered by Judge Christopher J. Burke on 12/4/2017. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB, 1:17-cv-01649-LPS-CJB(dlb)
2017-12-04
1
No Actions
Summons Reissued with Magistrate Consent Notice attached as to 3Shape A/S. (ceg)
2017-12-04
1
No Actions
SO ORDERED
2017-12-04
1
No Actions
Summons Reissued - Alias Summons
2017-12-04
1
No Actions
STIPULATION TO EXTEND TIME Answer Complaint to 2/1/2018 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 12/06/2017)
2017-12-06
1
Set/Reset Answer Deadlines: 3Shape A/S answer due 2/1/2018; 3Shape Inc. answer due 2/1/2018. (dlb)
2017-12-06
1
No Actions
SO ORDERED D.I. (13 in 1:17-cv-01648-LPS-CJB)(13 in 1:17-cv-01649-LPS-CJB) (13 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME Answer Complaint to 2/1/2018 filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 12/6/2017. Associated Cases: 1:17-cv-01649-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB(dlb)
2017-12-06
1
No Actions
SO ORDERED
2017-12-06
1
No Actions
Set/Reset Answer Deadline
2017-12-06
1
No Actions
MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 12/22/2017)
2017-12-22
1
OPENING BRIEF in Support re 14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 1/5/2018. (Grivner, Geoffrey) (Entered: 12/22/2017)
2017-12-22
1
MOTION REFERRED: 14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) Motion referred to Christopher J. Burke.(dlb)
2017-12-22
1
No Actions
STIPULATION TO EXTEND TIME for Plaintiff to file and serve its Answering Brief in Opposition to the Motion to Stay to January 16, 2018 - filed by Align Technology, Inc.. (Shaw, John) (Entered: 01/03/2018)
2018-01-03
1
SO ORDERED D.I. (16 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME for Plaintiff to file and serve its Answering Brief in Opposition to the Motion to Stay to January 16, 2018 filed by Align Technology, Inc., (16 in 1:17-cv-01648-LPS-CJB) (16 in 1:17-cv-01649-LPS-CJB) (16 in 1:17-cv-01646-LPS-CJB). Ordered by Judge Christopher J. Burke on 1/3/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB, 1:17-cv-01649-LPS-CJB(dlb)
2018-01-03
1
No Actions
Order Setting Briefing Schedule - open, ans, reply, surreply AND SO ORDERED
2018-01-03
1
No Actions
ANSWERING BRIEF in Opposition re 14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) filed by Align Technology, Inc..Reply Brief due date per Local Rules is 1/23/2018. (Shaw, John) (Entered: 01/16/2018)
2018-01-16
1
[SEALED] DECLARATION re (17 in 1:17-cv-01648-LPS-CJB) Answering Brief in Opposition, (17 in 1:17-cv-01649-LPS-CJB) Answering Brief in Opposition, (17 in 1:17-cv-01647-LPS-CJB) Answering Brief in Opposition, (17 in 1:17-cv-01646-LPS-CJB) Answering Brief in Opposition, [DECLARATION OF CHRISTINA A. ONDRICK IN SUPPORT OF ALIGN'S ANSWERING BRIEF IN OPPOSITION TO 3SHAPE'S MOTION TO STAY] by Align Technology, Inc.. (Attachments: # 1 Exhibit 1-11)(Shaw, John) (Entered: 01/16/2018)
2018-01-16
1
REDACTED VERSION of (18 in 1:17-cv-01646-LPS-CJB, 18 in 1:17-cv-01647-LPS-CJB, 18 in 1:17-cv-01649-LPS-CJB, 18 in 1:17-cv-01648-LPS-CJB) Declaration, by Align Technology, Inc.. (Shaw, John) (Entered: 01/23/2018)
2018-01-23
1
REPLY BRIEF re 14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Affidavit of Christopher M. Cherry, Ph.D. in Support of Defendant's Reply Brief in Support of its Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission, # 2 Exhibit A to Affidavit, # 3 Exhibit B to Affidavit, # 4 Exhibit C to Affidavit)(Grivner, Geoffrey) (Entered: 01/23/2018)
2018-01-23
1
MOTION to Dismiss for Failure to State a Claim - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 02/01/2018)
2018-02-01
1
OPENING BRIEF in Support re 21 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 2/15/2018. (Attachments: # 1 Exhibit A)(Grivner, Geoffrey) (Entered: 02/01/2018)
2018-02-01
1
MOTION REFERRED: 21 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb)
2018-02-01
1
No Actions
Motions Referred
2018-02-02
1
No Actions
Motions Referred
2018-02-02
1
No Actions
STIPULATION TO EXTEND TIME to file an answering brief in opposition to 3Shape A/S's and 3Shape, Inc.'s Motion to Dismiss (D.I. 21) to February 22, 2018 - filed by Align Technology, Inc.. (Shaw, John) (Entered: 02/07/2018)
2018-02-07
1
SO ORDERED D.I. (23 in 1:17-cv-01647-LPS-CJB) and (23 in 1:17-cv-01646-LPS-CJB) STIPULATION TO EXTEND TIME to file an answering brief in opposition to 3Shape A/S's and 3Shape, Inc.'s Motion to Dismiss (D.I. 21) to February 22, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 2/8/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
2018-02-08
1
No Actions
Order Setting Briefing Schedule - open, ans, reply, surreply AND SO ORDERED
2018-02-08
1
No Actions
STIPULATION to Extend Page Limit to Answering Brief in Opposition to Defendants' Motion to Dismiss (D.I. 21) by Align Technology, Inc.. (Shaw, John) (Entered: 02/16/2018)
2018-02-16
1
SO ORDERED D.I. (24 in 1:17-cv-01647-LPS-CJB) Stipulation filed by Align Technology, Inc., (24 in 1:17-cv-01646-LPS-CJB) Stipulation filed by Align Technology, Inc.. Ordered by Judge Christopher J. Burke on 2/16/2018. Associated Cases: 1:17-cv-01647-LPS-CJB, 1:17-cv-01646-LPS-CJB(mlc)
2018-02-16
1
No Actions
SO ORDERED
2018-02-16
1
No Actions
ANSWERING BRIEF in Opposition re 21 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc..Reply Brief due date per Local Rules is 3/1/2018. (Shaw, John) (Entered: 02/22/2018)
2018-02-22
1
DECLARATION re 25 Answering Brief in Opposition (Declaration of Christina A. Ondrick) by Align Technology, Inc.. (Attachments: # 1 Exhibit 1)(Shaw, John) (Entered: 02/22/2018)
2018-02-22
1
STIPULATION EXTENDING TIME AND ENLARGING PAGE LIMITATION re 21 MOTION to Dismiss for Failure to State a Claim by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 02/27/2018)
2018-02-27
1
SO ORDERED D.I. (27 in 1:17-cv-01647-LPS-CJB) Stipulation filed by 3Shape A/S, 3Shape Inc., and (27 in 1:17-cv-01646-LPS-CJB) Stipulation filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 2/28/2018. Associated Cases: 1:17-cv-01647-LPS-CJB, 1:17-cv-01646-LPS-CJB(dlb)
2018-02-28
1
No Actions
SO ORDERED
2018-02-28
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, S. Lloyd Smith, Esquire and Kim E. Coghill, Esquire - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certificate of Compliance CERTIFICATION BY COUNSEL TO BE ADMITTED PRO HAC VICE FOR PHILIP L. HIRSCHHORN, # 2 Certificate of Compliance CERTIFICATION BY COUNSEL TO BE ADMITTED PRO HAC VICE FOR S. LLOYD SMITH, # 3 Certificate of Compliance CERTIFICATION BY COUNSEL TO BE ADMITTED PRO HAC VICE FOR KIMBERLY E. COGHILL, # 4 Text of Proposed Order FOR PHILIP L. HIRSCHHORN, # 5 Text of Proposed Order FOR S. LLOYD SMITH, # 6 Text of Proposed Order FOR KIMBERLY E. COGHILL)(Grivner, Geoffrey) (Entered: 03/02/2018)
2018-03-02
1
SO ORDERED (28 in 1:17-cv-01647-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, S. Lloyd Smith, Esquire and Kim E. Coghill, Esquire filed by 3Shape A/S, 3Shape Inc., and(28 in 1:17-cv-01646-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, S. Lloyd Smith, Esquire and Kim E. Coghill, Esquire filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 3/6/2018. Associated Cases: 1:17-cv-01647-LPS-CJB, 1:17-cv-01646-LPS-CJB(dlb)
2018-03-06
1
No Actions
SO ORDERED
2018-03-06
1
No Actions
REPLY BRIEF re 21 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A)(Grivner, Geoffrey) (Entered: 03/08/2018)
2018-03-08
1
REQUEST for Oral Argument by Align Technology, Inc. re 21 MOTION to Dismiss for Failure to State a Claim . (Shaw, John) (Entered: 03/15/2018)
2018-03-15
1
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 3/19/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
2018-03-19
1
No Actions
Oral Order
2018-03-19
1
No Actions
Letter to Magistrate Judge Burke from Geoffrey G. Grivner regarding Motions to Stay - re 14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission), 30 Request for Oral Argument, 21 MOTION to Dismiss for Failure to State a Claim . (Grivner, Geoffrey) (Entered: 03/20/2018)
2018-03-20
1
Letter to The Honorable Christopher J. Burke from John W. Shaw regarding Response to 3Shape's March 20, 2018 Letter - re 31 Letter,. (Shaw, John) (Entered: 03/22/2018)
2018-03-22
1
Pro Hac Vice Attorney Kim Coghill for 3Shape A/S, 3Shape Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(crb)
2018-03-22
1
No Actions
Pro Hac Vice Attorney S. Lloyd Smith, Philip L. Hirschhorn for 3Shape A/S, 3Shape Inc., added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(crb)
2018-03-22
1
No Actions
Add Attorneys - PHV only
2018-03-22
1
No Actions
Motions No Longer Referred to Judge Burke: (14 in 1:17-cv-01646-LPS-CJB) (14 in 1:17-cv-01647-LPS-CJB) MOTION to Stay; (21 in 1:17-cv-01646-LPS-CJB)(21 in 1:17-cv-01647-LPS-CJB) MOTION to Dismiss. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
2018-04-09
1
No Actions
Motions No Longer Referred
2018-04-09
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument on the pending motions on May 16, 2018 beginning at 2:00 p.m. Each side will be allocated up to one (1) hour to present its argument. ORDERED by Judge Leonard P. Stark on 4/11/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl) (Entered: 04/11/2018)
2018-04-11
1
Order AND ~Util - Set Hearings
2018-04-11
1
No Actions
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding May 16, 2018 Oral Argument - re (33 in 1:17-cv-01647-LPS-CJB, 33 in 1:17-cv-01647-LPS-CJB) Order,, Set Hearings,. (Shaw, John) (Entered: 04/17/2018)
2018-04-17
1
PROPOSED ORDER [Scheduling Order] by Align Technology, Inc.. (Attachments: # 1 Table of Dates, # 2 Letter to The Honorable Christopher J. Burke from John W. Shaw, # 3 Checklist)(Shaw, John) (Entered: 04/18/2018)
2018-04-18
1
PROPOSED ORDER [Scheduling Order] by Align Technology, Inc.. (Attachments: # 1 Table of Dates, # 2 Letter to The Honorable Christopher J. Burke from John W. Shaw, # 3 Checklist)(Shaw, John) (Entered: 04/18/2018)
2018-04-18
2
PROPOSED ORDER [Scheduling Order] by Align Technology, Inc.. (Attachments: # 1 Table of Dates, # 2 Letter to The Honorable Christopher J. Burke from John W. Shaw, # 3 Checklist)(Shaw, John) (Entered: 04/18/2018)
2018-04-18
2
PROPOSED ORDER [Scheduling Order] by Align Technology, Inc.. (Attachments: # 1 Table of Dates, # 2 Letter to The Honorable Christopher J. Burke from John W. Shaw, # 3 Checklist)(Shaw, John) (Entered: 04/18/2018)
2018-04-18
2
ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for May 16, 2018 is CANCELLED and is re-scheduled for June 11, 2018 at 4:00 p.m. ORDERED by Judge Leonard P. Stark on 4/20/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl) (Entered: 04/20/2018)
2018-04-20
1
Oral Order Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 5/14/2018 at 04:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/27/2018. (dlb)
2018-04-27
1
No Actions
Letter to The Honorable Christopher J. Burke from John W. Shaw - re Order Setting Scheduling Conference. (Shaw, John) (Entered: 05/02/2018)
2018-05-02
1
Oral Order Setting Telephonic Scheduling Conference: A Case Management/Scheduling Teleconference is set for 5/11/2018 at 02:00 PM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 5/8/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
2018-05-08
1
No Actions
NOTICE requesting Clerk to remove Patrick J. Stafford as co-counsel.. (Shaw, John) (Entered: 05/10/2018)
2018-05-10
1
Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 5/11/2018. The Court discussed the parties' submission regarding a schedule and ordered that Plaintiffs were to submit a revised proposed schedule by close of business 5/16/18. (Clerk, J. Lyons) Appearances: J. Shaw, B. Jacobs, C. Ondrick for Plaintiff; G. Grivner, P. Hirschhorn, L. Smith for Defendants. (Court Reporter Stacey Ingram (Hawkins)) Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
2018-05-11
1
No Actions
ORAL ORDER: As discussed during today's Case Management Conference, the Court HEREBY ORDERS that: (1) In Civil Action No. 17-1646-LPS-CJB, the Markman hearing is set for 2/4/2019 at 1:00 PM, the hearing on dispositive and Daubert motions is set for 1/28/2020 at 11:00 AM, the Pretrial Conference is set for 3/27/2020 at 1:30 PM, and the Trial is set to begin on 4/20/2020 at 9:30 AM; and (2) In Civil Action No. 17-1647-LPS-CJB, the Markman hearing is set for 3/25/2019 at 9:00 AM, the hearing on dispositive and Daubert motions is set for 3/3/2020 at 9:00 AM, the Pretrial Conference is set for 5/8/2020 at 11:30 AM, and the Trial is set to begin on 6/8/2020 at 9:30 AM. Ordered by Judge Christopher J. Burke on 5/11/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
2018-05-11
1
No Actions
STIPULATION (and proposed order) to submit a revised scheduling order to May 18, 2018 re Scheduling Conference,, by Align Technology, Inc.. (Shaw, John) (Entered: 05/16/2018)
2018-05-16
1
SO ORDERED D.I. (39 in 1:17-cv-01647-LPS-CJB), and D.I. (39 in 1:17-cv-01646-LPS-CJB) Stipulation to submit a revised scheduling order to May 18, 2018 re Scheduling Conference,, by Align Technology, Inc.. (Shaw, John) filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 5/17/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
2018-05-17
1
No Actions
Letter to The Honorable Christopher J. Burke from John W. Shaw regarding Oral Argument - re (36 in 1:17-cv-01646-LPS-CJB, 36 in 1:17-cv-01646-LPS-CJB, 36 in 1:17-cv-01647-LPS-CJB, 36 in 1:17-cv-01647-LPS-CJB) Order,, Set Hearings,. (Shaw, John) (Entered: 05/18/2018)
2018-05-18
1
PROPOSED ORDER (Proposed Scheduling Order) by Align Technology, Inc.. (Attachments: # 1 Letter from John W. Shaw to The Honorable Christopher J. Burke)(Shaw, John) (Entered: 05/18/2018)
2018-05-18
1
PROPOSED ORDER (Proposed Scheduling Order) by Align Technology, Inc.. (Attachments: # 1 Letter from John W. Shaw to The Honorable Christopher J. Burke)(Shaw, John) (Entered: 05/18/2018)
2018-05-18
2
SCHEDULING ORDER: Joinder of Parties due by 2/22/2019. Amended Pleadings due by 2/22/2019. Discovery due by 9/6/2019. Status Report due by 3/22/2019. Dispositive Motions due by 1/10/2020. A Motion Hearing is set for 3/3/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 2/6/2019. A Markman Hearing is set for 3/25/2019 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 5/8/2020 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 6/8/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 5/18/2018. (mlc) (Entered: 05/18/2018)
2018-05-18
1
CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
2018-05-18
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for June 11, 2018 is CANCELLED and is re-scheduled for July 20, 2018 at 3:00 p.m. ORDERED by Judge Leonard P. Stark on 5/22/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl) (Entered: 05/22/2018)
2018-05-22
1
STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to June 15, 2018 - filed by Align Technology, Inc.. (Shaw, John) (Entered: 05/29/2018)
2018-05-29
1
SO ORDERED D.I. (44 in 1:17-cv-01646-LPS-CJB) STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to June 15, 2018 filed by Align Technology, Inc., (44 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to June 15, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 5/30/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(mlc)
2018-05-30
1
No Actions
STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to June 29, 2018 - filed by Align Technology, Inc.. (Hawthorne-Searight, Daryll) (Entered: 06/15/2018)
2018-06-15
1
SO ORDERED D.I. 45 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to June 29, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 6/18/2018. (dlb)
2018-06-18
1
No Actions
STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to July 6, 2018 - filed by Align Technology, Inc.. (Hawthorne-Searight, Daryll) (Entered: 07/02/2018)
2018-07-02
1
ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for July 20, 2018 will begin at 1:00 p.m. ORDERED by Judge Leonard P. Stark on 7/3/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl) (Entered: 07/03/2018)
2018-07-03
1
SO ORDERED D.I. 46 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to July 6, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 7/3/2018. (dlb)
2018-07-03
1
No Actions
NOTICE OF SERVICE of (1) Plaintiff Align Technology, Inc.'s Specification of Products Accused of Infringement and the Asserted Patents (2) Plaintiff Align Technology, Inc.'s Rule 26(a)(1) Initial Disclosures (3) Plaintiff Align Technology, Inc.'s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Align Technology, Inc..(Keller, Karen) (Entered: 07/10/2018)
2018-07-10
1
CERTIFICATE OF SERVICE of DEFENDANTS INITIAL DISCLOSURES by 3Shape A/S, 3Shape Inc. (Grivner, Geoffrey) (Entered: 07/10/2018)
2018-07-10
1
STIPULATION TO EXTEND TIME to file proposed protective order to July 11, 2018 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 07/10/2018)
2018-07-10
1
Joint Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Request for Discovery Teleconference - re 42 Scheduling Order,,. (Grivner, Geoffrey) (Entered: 07/11/2018)
2018-07-11
1
SO ORDERED D.I. (50 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME to file proposed protective order to July 11, 2018 filed by 3Shape A/S, 3Shape Inc., (50 in 1:17-cv-01646-LPS-CJB) STIPULATION TO EXTEND TIME to file proposed protectve order to July 11, 2018 filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 7/11/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(mlc)
2018-07-11
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for July 20, 2018 will begin at 1:30 p.m. ORDERED by Judge Leonard P. Stark on 7/18/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl) (Entered: 07/18/2018)
2018-07-18
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held on 7/20/2018. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
2018-07-20
1
No Actions
ORDER Setting Mediation Conference: A Telephone Conference is set for 8/13/2018 at 12:00 PM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 7/23/2018. (dlb) (Entered: 07/24/2018)
2018-07-24
1
ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 51), IT IS HEREBY ORDERED that a teleconference is scheduled for August 16, 2018 at 11:15 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than August 7, 2018, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than August 9, 2018, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 7/26/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl) (Entered: 07/26/2018)
2018-07-26
1
Official Transcript of Oral Argument Hearing held on July 20, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/23/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 10/31/2018. (bpg) (Entered: 08/02/2018)
2018-08-02
1
Letter to Judge Stark from Geoffrey G. Grivner regarding Draft Stipulated Protective Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Grivner, Geoffrey) (Entered: 08/07/2018)
2018-08-07
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Castellano, Jeffrey) (Entered: 08/07/2018)
2018-08-07
1
Letter to Judge Stark from Geoffrey G. Grivner regarding Plaintiff Align Technology, Inc.s Letter to Court on August 7, 2018 - re (57 in 1:17-cv-01647-LPS-CJB, 57 in 1:17-cv-01646-LPS-CJB) Letter. (Grivner, Geoffrey) (Entered: 08/09/2018)
2018-08-09
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Response to 3Shape's August 7, 2018 Letter - re (56 in 1:17-cv-01647-LPS-CJB) Letter, (56 in 1:17-cv-01646-LPS-CJB) Letter. (Castellano, Jeffrey) (Entered: 08/09/2018)
2018-08-09
1
ORAL ORDER: Having reviewed the parties' submissions (see C.A. No. 17-1646-LPS-CJB D.I. 56, 57, 58, 59; C.A. No. 17-1647-LPS-CJB D.I. 56, 57, 58, 59) concerning the scope of the prosecution bar in the parties' proposed protective order, IT IS HEREBY ORDERED that Plaintiff's proposals regarding the prosecution bar are ADOPTED. Plaintiff's proposal reasonably balances the parties' interests and is supported by good cause. In particular, Plaintiff's proposal that the prosecution bar applies to all signatories who access confidential or highly confidential information, with no separate designation for prosecution bar materials (see D.I. 57 at 2), is consistent with the protective orders agreed to by the parties in pending ITC cases, which were entered with the expectation that they would apply in this Court (see id. Ex. D). IT IS FURTHER ORDERED that: (1) the teleconference scheduled for tomorrow, August 16, 2018, is CANCELLED; and (2) the parties shall submit a form of the protective order consistent with the Court's ruling by no later than August 22, 2018. Signed by Judge Leonard P. Stark on 8/15/2018. (etg) (Entered: 08/15/2018)
2018-08-15
1
PROPOSED ORDER [Protective Order] by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 08/22/2018)
2018-08-22
1
ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Judge Leonard P. Stark on 8/22/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB, 1:17-cv-01649-LPS-CJB(dlb)
2018-08-22
1
No Actions
MEMORANDUM ORDER re (14 in 1:17-cv-01646-LPS)(14 in 1:17-cv-01647-LPS) MOTIONS for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission filed by 3Shape A/S, 3Shape Inc. are DENIED. Signed by Judge Leonard P. Stark on 9/7/18. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 09/07/2018)
2018-09-07
1
MEMORANDUM OPINION re motions to dismiss. Signed by Judge Leonard P. Stark on 9/7/18. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 09/07/2018)
2018-09-07
1
ORDER re (64 in 1:17-cv-01646-LPS, 63 in 1:17-cv-01647-LPS) Memorandum Opinion -- (21 in 1:17-cv-01646-LPS)(21 in 1:17-cv-01647-LPS) MOTION to Dismiss filed by 3Shape A/S, 3Shape Inc. is GRANTED IN PART and DENIED IN PART. Signed by Judge Leonard P. Stark on 9/7/18. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 09/07/2018)
2018-09-07
1
NOTICE OF SERVICE of Plaintiff Align Technology, Inc.'s Initial Infringement Contentions filed by Align Technology, Inc..(Russell, Andrew) (Entered: 09/10/2018)
2018-09-10
1
SO ORDERED, re 61 STIPULATED PROTECTIVE ORDER. Signed by Judge Leonard P. Stark on 9/10/18. (ntl)
2018-09-11
1
No Actions
Letter to The Honorable Leonard P. Stark from John W. Shaw - re (65 in 1:17-cv-01646-LPS, 64 in 1:17-cv-01647-LPS) Order,. (Castellano, Jeffrey) (Entered: 09/14/2018)
2018-09-14
1
Remark: Having reviewed the parties' status report (see 17-1646 D.I. 66), the parties are advised that the Court's Section 101 decisions were limited to the claims that were briefed. The impact of the Court's analysis on any other claims is a matter the Court will address, if necessary, if such issues become ripe. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 09/17/2018)
2018-09-17
1
ANSWER to 1 Complaint, Affirmative Defenses, COUNTERCLAIM against Align Technology, Inc. by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/21/2018)
2018-09-21
1
Amended ANSWER to 1 Complaint, Affirmative Defenses, COUNTERCLAIM against Align Technology, Inc. by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 10/02/2018)
2018-10-02
1
ANSWER to 69 Answer to Complaint, Counterclaim [ALIGN TECHNOLOGY, INC.'S ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COUNTERCLAIMS OF 3SHAPE A/S AND 3SHAPE, INC.] by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 10/16/2018)
2018-10-16
1
NOTICE OF SERVICE of Defendants Initial Invalidity Contentions filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 10/24/2018)
2018-10-24
1
NOTICE OF SERVICE of 1) Plaintiff Align Technology, Inc.'s First Set of Interrogatories to Defendants (Nos. 1-18); 2) Plaintiff Align Technology, Inc.'s First Set of Requests for the Production of Documents and Things to Defendant 3Shape A/S; and 3) Plaintiff Align Technology, Inc.'s First Set of Requests for the Production of Documents and Things to Defendant 3Shape, Inc. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 10/29/2018)
2018-10-29
1
NOTICE OF SERVICE of Defendants 3Shape A/S and 3Shape Inc.'s First Set of Requests for Production to Plaintiff Align Technology, Inc. filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/06/2018)
2018-11-06
1
NOTICE OF SERVICE of Defendants 3Shape A/S and 3Shape Inc.'s Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (Nos. 1-102) and 3Shape A/S and 3Shape Inc.'s Objections and Responses to Plaintiff's Request for First Set of Interrogatories (Nos. 1-19) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/27/2018)
2018-11-27
1
NOTICE OF SERVICE of 3Shape A/S and 3Shape Inc.'s Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (Nos. 1-18) and 3Shape A/S and 3Shape Inc.'s Objections and Responses to Plaintiff's Request for First Set of Interrogatories (Nos. 1-101) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/29/2018)
2018-11-29
1
NOTICE OF SERVICE of Plaintiff Align Technology, Inc.'s Objections and Responses to 3Shape's First Set of Requests for Production (Nos. 1-130) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 12/05/2018)
2018-12-05
1
NOTICE requesting Clerk to remove Daryll M. Hawthorne-Searight as co-counsel.. (Shaw, John) (Entered: 12/12/2018)
2018-12-12
1
FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT by Align Technology, Inc. Amendment to 1 Complaint. (Attachments: # 1 Exhibit 1-7)(Castellano, Jeffrey) Modified on 12/20/2018 (ntl). (Entered: 12/20/2018)
2018-12-20
1
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Request for Discovery Teleconference. (Shaw, John) (Entered: 12/21/2018)
2018-12-21
1
ORAL ORDER: In addition to the previous referral order, IT IS HEREBY ORDERED that this case is also referred to Magistrate Judge Christopher J. Burke, pursuant to 28 U.S.C. § 636(b), to hear and resolve all discovery disputes. ORDERED by Judge Leonard P. Stark on 1/4/19. Associated Cases: 1:17-cv-01646-LPS et al. (ntl) (Entered: 01/04/2019)
2019-01-04
1
MOTION [JOINT MOTION FOR TELECONFERENCE TO RESOLVE A DISCOVERY DISPUTE] - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/07/2019)
2019-01-07
1
ORAL ORDER: The Court has reviewed the parties' December 21, 2018 letter requesting a discovery teleconference regarding one discovery dispute. (D.I. 82 in Civil Action No. 17-1646-LPS-CJB; D.I. 79 in Civil Action No. 17-1647-LPS-CJB) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 42 in Civil Action No. 17-1646-LPS-CJB; D.I. 42 in Civil Action No. 17-1647-LPS-CJB), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 1/22/2019 at 02:00 PM.; (3) By no later than January 11, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than January 16, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 1/7/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc)
2019-01-07
1
No Actions
STIPULATION TO EXTEND TIME Answer to Amended Complaint to January 17, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 01/10/2019)
2019-01-10
1
STIPULATION TO EXTEND TIME to submit a Joint Claim Construction Chart to January 14, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/10/2019)
2019-01-10
1
SO ORDERED D.I. 82 STIPULATION TO EXTEND TIME Answer to Amended Complaint to January 17, 2019 filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 1/10/2019. (mlc)
2019-01-10
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from Jeff Castellano regarding Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Castellano, Jeffrey) (Entered: 01/11/2019)
2019-01-11
1
CLAIM Construction Chart by Align Technology, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Castellano, Jeffrey) (Entered: 01/14/2019)
2019-01-14
1
SO ORDERED, re 83 STIPULATION TO EXTEND TIME to submit a Joint Claim Construction Chart to January 14, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 1/14/19. (ntl)
2019-01-15
1
No Actions
Letter to The Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Discovery Dispute - re Order Setting Teleconference,,,,,,. (Grivner, Geoffrey) (Entered: 01/16/2019)
2019-01-16
1
REDACTED VERSION of (84 in 1:17-cv-01647-LPS, 93 in 1:17-cv-01646-LPS) Letter by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/17/2019)
2019-01-17
1
MOTION to Dismiss for Failure to State a Claim - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 01/17/2019)
2019-01-17
1
OPENING BRIEF in Support re 88 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 1/31/2019. (Grivner, Geoffrey) (Entered: 01/17/2019)
2019-01-17
1
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 1/22/2019. The Court heard argument regarding the parties' discovery disputes. (D.I. 89 in Civil Action No. 17-1646-LPS-CJB; D.I. 81 in Civil Action No. 17-1647-LPS-CJB) The Court took the disputes under advisement. (Clerk: M. Streifthau-Livizos) Appearances: J. Castellano, B. Jacobs, C. Ondrick, J. Razick for Plaintiff; G. Grivner, L. Smith, K. Coghill for Defendant. (Court Reporter Stacy Ingram(Hawkins)) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
2019-01-22
1
No Actions
ORAL ORDER: The Court, having reviewed Plaintiffs discovery dispute motion, (D.I. 89 in Civil Action No. 17-1646-LPS-CJB; D.I. 81 in Civil Action No. 17-1647-LPS-CJB), and the parties letter briefs related thereto, HEREBY ORDERS as follows: With regard to the dispute over Interrogatories 3-4, Plaintiffs request is GRANTED-IN-PART. As to the asserted patents, the Court will accept Defendants assertion that they have answered with the information they now have; Defendants shall supplement those answers in the future if new and different information comes to light. But Defendants must immediately supplement their answer to address genealogically related patents called out in the interrogatories; Defendants knowledge of a patent related to the asserted patents can certainly be relevant to whether Defendants knew of the asserted patents themselves. (D.I. 100 at 2-3) With regard to the dispute over Interrogatories 5 and 12, the request is DENIED. The questions include subparts that are not logically or factually subsumed within and necessarily related to a primary question. Medigus Ltd. v. Endochoice, Inc., Civil Action No. 15-505-LPS-CJB, 2016 WL 5791409, at *1 (D. Del. July 19, 2016) (citations omitted). Interrogatory 5 touches, at a minimum, on at least a few different questions (quantity of units, identity of purchasors/licensors/importers, profit margins and costs attributable to products, etc.) as, it appears, does Interrogatory 12 (license/settlement agreements, co-development agreements, technology transfers, sale/resale distribution agreements). With regard to the dispute over Interrogatories 9, 14 and 15, Plaintiffs requests are DENIED. There is not now a record to demonstrate that Defendants identification of the people most knowledgeable about certain products or functionality is deficient. If, as the case develops, Plaintiff can demonstrate that those responses were under-inclusive or deficient, they may seek relief at that time. With regard to the dispute over Interrogatory 10, Plaintiffs request is GRANTED-IN-PART, as Defendants shall identify the three requested individuals, regardless of whether the individuals have privileged or non-privileged information responsive to the request, by providing a supplemental answer to the interrogatory by no later than February 5, 2019. (D.I. 100 at 3) The remainder of the response is not deficient based on the record before the Court. With regard to the dispute over Interrogatory 13, Plaintiffs request is GRANTED. The interrogatory asks Defendants to identify and describe comparable license agreements, and Defendants argue that a determination as to which license agreements... are comparable to a license to use or practice the asserted patents falls in the purview of expert discovery. (D.I. 100 at 2) Defendants are wrong, as there is no rule that a party need not comment on what licenses they think are comparable until expert discovery. An interrogatory can validly seek a response regarding such a contention. Defendants shall provide a supplemental answer to the interrogatory by no later than February 5, 2019. With regard to Interrogatories 1, 2, 11, 16 and 18, the Court needs more information before being able to resolve the disputes, and will address those issues only on todays teleconference with the parties. Ordered by Judge Christopher J. Burke on 1/22/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
2019-01-22
1
No Actions
ORAL ORDER: The Court, having reviewed Plaintiffs discovery dispute motion, (D.I. 89 in Civil Action No. 17-1646-LPS-CJB; D.I. 81 in Civil Action No. 17-1647-LPS-CJB), and the parties letter briefs and arguments related thereto, HEREBY ORDERS as follows:With regard to the dispute over Interrogatory 1, Plaintiffs request is DENIED without prejudice. The Court agrees with Defendants that, at this stage, Plaintiff has not been clear enough as to what is the specific functionality that is being referred to, particularly in light of the voluminous nature of Plaintiffs current infringement contentions. The Court ORDERS that, by no later than February 5, 2019, the parties should further meet and confer on this issue. Thereafter, if Plaintiff believes it has made a better record, such that it can demonstrate that a further supplemental response is required, it may address that issue through the Courts discovery dispute procedures.With regard to the dispute over Interrogatory 2, Plaintiffs request is GRANTED. By no later than February 13, 2019, Defendants shall provide a supplemental response to the interrogatory answering the question. None of the reasons that Defendants set out in its discovery dispute letter, (D.I. 100 at 2), provide a basis for failing to respond to this contention interrogatory.With regard to the dispute over Interrogatory 11, Plaintiffs request is GRANTED. By no later than February 5, 2019, Defendants shall provide: (1) a narrative answer to the interrogatory; and (2) to the extent that, in addition to the narrative answer, Defendants continue to rely on previously-cited documents, (D.I. 93, ex. 1 at 36), Defendants shall also provide some additional narrative explanation that makes clear which documents contain the requested information about the development" and/or "benefits associated with the accused products. See Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc.,C.A. No. 04-1371-JJF, 2005 WL 8136574, at *1-2 (D. Del. Oct. 11, 2005).With regard to the dispute over Interrogatory 16, Plaintiffs request is GRANTED. The dispute appears to be about whether an answer is required as it relates to (1) requests for indemnification made to Defendants by third parties (2) after litigation commenced; that (3) have not resulted in an indemnification agreement. (D.I. 93, ex. 1 at 43; D.I. 100 at 3) As a general matter, evidence of indemnification against the deterrent effects that the patent laws would have can be relevant to show intent to induce infringement and/or willful infringement. See C&C Jewelry Mfg., Inc. v. West, No. C09-01303 JF (HRL), 2011 WL 2433817, at *1 (N.D. Cal. June 13, 2011). Although the Court does not have much of a record with regard to these requests, it seems as if information about them could shed some light on Defendants' post-suit state of mind regarding certain infringement questions. Defendants shall supplement their answer in this regard by no later than February 5, 2019. With regard to the dispute over Interrogatory 18, as to Plaintiffs identification of persons most knowledgeable about the 3Shape articulator, Plaintiffs request is DENIED without prejudice. There is not now a record to demonstrate that Defendants identification of the person(s) most knowledgeable about the articulator is deficient. If, as the case develops, Plaintiff can demonstrate that Defendants response was under-inclusive or deficient, it may seek relief at that time. With regard to the dispute over the remainder of the interrogatory, the parties shall meet and confer by no later than February 5, 2019 regarding what is the 3Shape articulator and whether it includes software, hardware, or both. By no later than February 6, 2019, parties should alert the Court by letter as to what the status is of the remainder of this discovery dispute. Ordered by Judge Christopher J. Burke on 1/23/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
2019-01-23
1
No Actions
STIPULATION TO EXTEND TIME for Plaintiff Align Technology Inc. to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 88) to February 11, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/25/2019)
2019-01-25
1
MOTION to Strike 88 MOTION to Dismiss for Failure to State a Claim - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 01/25/2019)
2019-01-25
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano - re 91 MOTION to Strike 88 MOTION to Dismiss for Failure to State a Claim . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Castellano, Jeffrey) (Entered: 01/25/2019)
2019-01-25
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding proposed order staying briefing on motion to dismiss - re (91 in 1:17-cv-01647-LPS) MOTION to Strike (88) MOTION to Dismiss for Failure to State a Claim, (88 in 1:17-cv-01647-LPS) MOTION to Dismiss for Failure to State a Claim, (105 in 1:17-cv-01646-LPS) MOTION to Strike (102) MOTION to Dismiss for Failure to State a Claim, (102 in 1:17-cv-01646-LPS) MOTION to Dismiss for Failure to State a Claim . (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 01/25/2019)
2019-01-25
1
SO ORDERED D.I. (104 in 1:17-cv-01646-LPS) STIPULATION TO EXTEND TIME for Plaintiff Align Technology Inc. to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 102) to February 11, 2019 filed by Align Technology, Inc., and D.I. (90 in 1:17-cv-01647-LPS) STIPULATION TO EXTEND TIME for Plaintiff Align Technology Inc. to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 88) to February 11, 2019 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/25/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
2019-01-25
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, and Mark Consilvio, of Paul Hastings LLP - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/28/2019)
2019-01-28
1
Letter to The Honorable Leonard P. Stark from Geoffrey G. Grivner regarding Plaintiff's Motion to Strike - re 91 MOTION to Strike 88 MOTION to Dismiss for Failure to State a Claim . (Grivner, Geoffrey) (Entered: 01/28/2019)
2019-01-28
1
Pro Hac Vice Attorneys Elizabeth Bernard, Mark J. Consilvio, and John S. Holley for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ddp)
2019-01-29
1
No Actions
SO ORDERED D.I. (108 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, Mark Consilvio, and James V. Razick filed by Align Technology, Inc., (94 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, and Mark Consilvio, of Paul Hastings LLP filed by Align Technology, Inc., (25 in 1:18-cv-00886-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc., (31 in 1:18-cv-00697-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/29/2019. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS-CJB(dlb)
2019-01-29
1
No Actions
Letter to The Honorable Leonard P. Stark from Jeff Castellano - re (91 in 1:17-cv-01647-LPS) MOTION to Strike (88) MOTION to Dismiss for Failure to State a Claim . (Castellano, Jeffrey) (Entered: 01/30/2019)
2019-01-30
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding request for teleconference - re (91 in 1:17-cv-01647-LPS) MOTION to Strike (88) MOTION to Dismiss for Failure to State a Claim, (105 in 1:17-cv-01646-LPS) MOTION to Strike (102) MOTION to Dismiss for Failure to State a Claim . (Castellano, Jeffrey) (Entered: 01/30/2019)
2019-01-30
1
MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certificate of Compliance for Andrew R. Cheslock, # 2 Text of Proposed Order for Andrew R. Cheslock)(Grivner, Geoffrey) (Entered: 02/04/2019)
2019-02-04
1
Letter to the Honorable Leonard P. Stark from Geoffrey G. Grivner regarding submission of courtesy copies of Tutorial on Technology. (Grivner, Geoffrey) (Entered: 02/06/2019)
2019-02-06
1
CLAIM CONSTRUCTION OPENING BRIEF filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit 1, # 2 Affidavit [Declaration of Geoffrey G. Grivner in Support of Defendants Opening Brief on Claim Construction])(Grivner, Geoffrey) (Entered: 02/06/2019)
2019-02-06
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding technology tutorial. (Castellano, Jeffrey) (Entered: 02/06/2019)
2019-02-06
1
CLAIM CONSTRUCTION OPENING BRIEF filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/06/2019)
2019-02-06
1
DECLARATION re 102 Claim Construction Opening Brief (Declaration of Blair Jacobs) by Align Technology, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Castellano, Jeffrey) (Entered: 02/06/2019)
2019-02-06
1
Pro Hac Vice Attorney Andrew R. Cheslock for 3Shape A/S and 3Shape Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp)
2019-02-06
1
No Actions
SO ORDERED D.I. (98 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock filed by 3Shape A/S, 3Shape Inc., and D.I. (113 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 2/6/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
2019-02-06
1
No Actions
STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 88) to February 25, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/08/2019)
2019-02-08
1
SO ORDERED D.I. 104 STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 88) to February 25, 2019 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 2/11/2019. (dlb)
2019-02-11
1
No Actions
NOTICE OF SERVICE of Defendants 3Shape A/S and 3Shape Inc.s Second Supplemental Objections and Responses to Plaintiffs First Set of Interrogatories (Nos. 1-18) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 02/13/2019)
2019-02-13
1
MOTION for Pro Hac Vice Appearance of Attorney David W. H. Leibovitch - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Affidavit Certification of David W. H. Leibovitch, # 2 Text of Proposed Order for David W. H. Leibovitch)(Grivner, Geoffrey) (Entered: 02/15/2019)
2019-02-15
1
STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 88) to February 27, 2019 - filed by Align Technology, Inc.. (Shaw, John) (Entered: 02/20/2019)
2019-02-20
1
NOTICE OF SERVICE of Defendants 3Shape A/S and 3Shape Inc.s First Set of Interrogatories to Plaintiff Align Technology, Inc. (Nos. 1-7) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 02/21/2019)
2019-02-21
1
SO ORDERED, re 106 MOTION for Pro Hac Vice Appearance of Attorney David W. H. Leibovitch filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 2/21/19. (ntl)
2019-02-21
1
No Actions
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Update on Align's Motion to Stay Briefing - re (93 in 1:17-cv-01647-LPS, 107 in 1:17-cv-01646-LPS) Letter,,. (Shaw, John) (Entered: 02/22/2019)
2019-02-22
1
SO ORDERED, re 107 STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 88) to February 27, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 2/25/19. (ntl)
2019-02-25
1
No Actions
CLAIM CONSTRUCTION ANSWERING BRIEF re 102 Claim Construction Opening Brief filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Affidavit Declaration of Geoffrey G. Grivner in Support of Answering Claim Construction Brief, # 2 Exhibit 1 to Declaration of Geoffrey G. Grivner in Support of Answering Claim Construction Brief)(Grivner, Geoffrey) (Entered: 02/27/2019)
2019-02-27
1
STATEMENT re 101 Letter DEFENDANTS 3SHAPE A/S, 3SHAPE, INC.S, AND 3SHAPE TRIOS A/S COMMENTS ON PLAINTIFFS TECHNOLOGY TUTORIAL by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 02/27/2019)
2019-02-27
1
CLAIM CONSTRUCTION ANSWERING BRIEF re 100 Claim Construction Opening Brief filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/27/2019)
2019-02-27
1
[SEALED] DECLARATION re 112 Claim Construction Answering Brief [DECLARATION OF CHRISTINA ONDRICK] by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/27/2019)
2019-02-27
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Claim Construction Hearing. (Castellano, Jeffrey) (Entered: 02/27/2019)
2019-02-27
1
ANSWERING BRIEF in Opposition re 88 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc..Reply Brief due date per Local Rules is 3/6/2019. (Castellano, Jeffrey) (Entered: 02/27/2019)
2019-02-27
1
DECLARATION re 115 Answering Brief in Opposition [DECLARATION OF CHRISTINA ONDRICK] by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/27/2019)
2019-02-27
1
ORAL ORDER: IT IS HEREBY ORDERED that the Markman Hearing on March 25, 2019 will begin at 4:00 p.m. and each side will be allocated up to one (1) hour for argument. ORDERED by Judge Leonard P. Stark on 3/4/19. (ntl) (Entered: 03/04/2019)
2019-03-04
1
STIPULATION TO EXTEND TIME FOR DEFENDANT'S TO FILE THEIR REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS to MARCH 13, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 03/04/2019)
2019-03-04
1
Order
2019-03-04
1
No Actions
~Util - Set Hearings
2019-03-04
1
No Actions
ORDER Setting Hearing on Sec. 101 motions for 6/18/2019 at 10:00 AM in Courtroom 6B before Judge Leonard P. Stark and Judge Christopher J. Burke. Letter briefs are due 5/23/19. Signed by Judge Leonard P. Stark on 3/5/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS-CJB (ntl) (Entered: 03/06/2019)
2019-03-06
1
REDACTED VERSION of 113 Declaration by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 03/06/2019)
2019-03-06
1
SO ORDERED
2019-03-07
1
No Actions
SO ORDERED, re 118 STIPULATION TO EXTEND TIME FOR DEFENDANT'S TO FILE THEIR REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS to MARCH 13, 2019 filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 3/6/19. (ntl)
2019-03-07
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the claim construction hearing scheduled for March 25 is RESCHEDULED for April 4, 2019 beginning at 10:00 a.m. ORDERED by Judge Leonard P. Stark on 3/11/19. (ntl) (Entered: 03/11/2019)
2019-03-11
1
Order
2019-03-11
1
No Actions
~Util - Set Hearings
2019-03-11
1
No Actions
REPLY BRIEF re 88 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 03/13/2019)
2019-03-13
1
STATUS REPORT [Joint Interim Status Report] by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 03/22/2019)
2019-03-22
1
Letter to the Honorable Leonard P. Stark from Geoffrey G. Grivner regarding Claim Construction Hearing - re 121 Order, Set Hearings. (Grivner, Geoffrey) (Entered: 03/29/2019)
2019-03-29
1
ORAL ORDER: Having reviewed the parties' claim construction briefing, and in light of the parties' agreement to withdraw one claim term from dispute (D.I. 124), IT IS HEREBY ORDERED that each side will be allocated up to thirty (30) minutes for argument at the claim construction hearing on April 4. ORDERED by Judge Leonard P. Stark on 4/1/19. (ntl) (Entered: 04/01/2019)
2019-04-01
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Clarification to March 29, 2019 Letter - re 125 Order, 124 Letter. (Castellano, Jeffrey) (Entered: 04/01/2019)
2019-04-01
1
Order
2019-04-01
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing scheduled for April 4, 2019 is CANCELLED and is rescheduled for April 5, 2019 at 9:15 AM in Courtroom 6B. ORDERED by Judge Leonard P. Stark on 4/2/19. (ntl) (Entered: 04/02/2019)
2019-04-02
1
Order
2019-04-02
1
No Actions
~Util - Set Hearings
2019-04-02
1
No Actions
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Claim Term - re 126 Letter. (Castellano, Jeffrey) (Entered: 04/03/2019)
2019-04-03
1
Markman Hearing
2019-04-05
1
No Actions
Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 4/5/2019. (Court Reporter B. Gaffigan.) (ntl)
2019-04-05
1
No Actions
NOTICE OF SERVICE of Align Technology, Inc.'s Objections and Responses to 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc.'s First Set of Interrogatories (Nos. 1-7) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 04/10/2019)
2019-04-10
1
NOTICE OF SERVICE of Align Technology, Inc.'s Notice of Deposition of 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 04/11/2019)
2019-04-11
1
Official Transcript of Claim Construction Hearing held on April 5, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone number (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/3/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/11/2019. (bpg) (Entered: 04/12/2019)
2019-04-12
1
ORAL ORDER: IT IS HEREBY ORDERED that any and all motions to dismiss, stay, and/or transfer venue, which are currently pending or may be filed in this case are no longer referred to Magistrate Judge Burke. Judge Burke retains his referral for discovery disputes and alternative dispute resolution. ORDERED by Judge Leonard P. Stark on 4/26/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 04/26/2019)
2019-04-26
1
Order
2019-04-26
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certificate of Compliance, # 2 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 05/15/2019)
2019-05-15
1
SO ORDERED
2019-05-16
1
No Actions
SO ORDERED, re (139 in 1:17-cv-01646-LPS) (133 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 5/16/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
2019-05-16
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Laura K. Pitts - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certificate of Compliance, # 2 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 05/17/2019)
2019-05-17
1
MOTION for Pro Hac Vice Appearance of Attorney Bryan J. Cannon - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certificate of Compliance, # 2 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 05/17/2019)
2019-05-17
1
SO ORDERED
2019-05-20
1
No Actions
SO ORDERED, re 134 MOTION for Pro Hac Vice Appearance of Attorney Laura K. Pitts filed by 3Shape A/S, 3Shape Inc., 135 MOTION for Pro Hac Vice Appearance of Attorney Bryan J. Cannon filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 5/20/19. (ntl)
2019-05-20
1
No Actions
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Discovery Dispute. (Castellano, Jeffrey) (Entered: 05/21/2019)
2019-05-21
1
ORAL ORDER: The Court has reviewed the parties' May 21, 2019 letter requesting a discovery teleconference regarding one discovery dispute. (D.I. 143 in Civil Action No. 17-1646-LPS; D.I. 136 in Civil Action No. 17-1647-LPS) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 42 in Civil Action No. 17-1646-LPS; D.I. 42 in Civil Action No. 17-1647-LPS), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 6/10/2019 at 1:00 PM before Judge Christopher J. Burke. (3) By no later than May 28, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than June 3, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 5/22/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb) (Entered: 05/22/2019)
2019-05-22
1
Joint MOTION for Discovery Dispute Resolution Teleconference - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 05/22/2019)
2019-05-22
1
Order Setting Teleconference
2019-05-22
1
No Actions
MOTION REFERRED: 138 Joint MOTION for Discovery Dispute Resolution Teleconference Motion referred to Christopher J. Burke.(dlb)
2019-05-22
1
No Actions
Letter to the Honorable Leonard P. Stark from Geoffrey G. Grivner regarding Section 101 Motions - re 119 Order,, Set Hearings,. (Grivner, Geoffrey) (Entered: 05/23/2019)
2019-05-23
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Section 101 Motions Pre-Hearing Checklist letter brief for U.S. Patent No. 6,227,850 (the 850 patent). (Castellano, Jeffrey) (Entered: 05/23/2019)
2019-05-23
1
Letter to the Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Entry of Protective Order Letter Brief - re 137 Order Setting Teleconference,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Grivner, Geoffrey) (Entered: 05/29/2019)
2019-05-29
1
MOTION for Pro Hac Vice Appearance of Attorney Raymond Stockstill - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 05/30/2019)
2019-05-30
1
ORAL ORDER: IT IS HEREBY ORDERED that the parties should be prepared to address Plaintiff's motions to strike (17-1646, D.I. 105; 17-1647, D.I. 91) at the upcoming 101 hearing scheduled for June 18. ORDERED by Judge Leonard P. Stark on 5/31/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 05/31/2019)
2019-05-31
1
Order
2019-05-31
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from Jeff Castellano regarding Discovery Dispute. (Attachments: # 1 Exhibit A-E)(Castellano, Jeffrey) (Entered: 06/04/2019)
2019-06-04
1
MOTION for Pro Hac Vice Appearance of Attorney Courtney Hodge - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 06/04/2019)
2019-06-04
1
SO ORDERED
2019-06-04
1
No Actions
Add Attorneys - PHV only
2019-06-04
1
No Actions
Pro Hac Vice Attorney Raymond Stockstill for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
2019-06-04
1
No Actions
SO ORDERED, re 142 MOTION for Pro Hac Vice Appearance of Attorney Raymond Stockstill filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/4/19. (ntl)
2019-06-04
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Grant Margeson - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 06/05/2019)
2019-06-05
1
MOTION for Pro Hac Vice Appearance of Attorney John A. Cotiguala - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 06/05/2019)
2019-06-05
1
Add Attorneys - PHV only
2019-06-05
1
No Actions
SO ORDERED
2019-06-05
1
No Actions
Pro Hac Vice Attorney Courtney Hodge for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
2019-06-05
1
No Actions
SO ORDERED, re 145 MOTION for Pro Hac Vice Appearance of Attorney Courtney Hodge filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/5/19. (ntl)
2019-06-05
1
No Actions
MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 6/6/19. (ntl)
2019-06-06
1
ORDER re 148 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 6/6/19. (ntl) (Entered: 06/06/2019)
2019-06-06
1
ORAL ORDER: The Court, having reviewed the parties' letter with regard to a privilege dispute, (D.I. 145, 151, 171 in Civil Action No. 17-1646-LPS; D.I. 138, 141, 144 in Civil Action No. 17-1647-LPS), and taking notice of Defendant's argument that "[t]his dispute involves complex legal and factual issues that cannot be fairly and fully addressed in a 3-page letter brief[,]" (D.I. 151 in Civil Action No. 17-1646-LPS; D.I. 141 in Civil Action No. 17-1647-LPS), and the Court agreeing that the issue is important and complex enough to warrant additional briefing, hereby ORDERS as follows: (1) The discovery dispute teleconference scheduled for June 10, 2019 at 1 p.m. is CANCELLED; (2)The parties should meet and confer and submit a jointly proposed additional briefing schedule by no later than June 10, 2019; and (3) Defendant shall, no later than the close of this additional briefing process, submit the assertedly privileged documents at issue in camera to the Court for review.Ordered by Judge Christopher J. Burke on 6/6/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc) (Entered: 06/06/2019)
2019-06-06
1
Pro Hac Vice Attorney Grant N. Margeson for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg)
2019-06-06
1
No Actions
Pro Hac Vice Attorney John Cotiguala for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(nmg)
2019-06-06
1
No Actions
SO ORDERED, re 146 MOTION for Pro Hac Vice Appearance of Attorney Grant Margeson filed by Align Technology, Inc., 147 MOTION for Pro Hac Vice Appearance of Attorney John A. Cotiguala filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/6/19. (ntl)
2019-06-06
1
No Actions
REDACTED VERSION of 144 Letter by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 06/10/2019)
2019-06-10
1
STIPULATION (Stipulated Briefing Schedule) and proposed order re (150 in 1:17-cv-01647-LPS, 150 in 1:17-cv-01647-LPS, 182 in 1:17-cv-01646-LPS, 182 in 1:17-cv-01646-LPS) Oral Order,,,,, Terminate Deadlines and Hearings,,,, by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 06/10/2019)
2019-06-10
1
ORAL ORDER: The Court has reviewed the parties' stipulated briefing schedule, (D.I. 185 in Civil Action No. 17-1646-LPS; D.I. 152 in Civil Action No. 17-1647-LPS), with regard to one discovery dispute and it is SO ORDERED. A discovery dispute hearing regarding D.I. (145 in 1:17-cv-01646-LPS, 138 in 1:17-cv-01647-LPS) is set for 7/22/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 6/11/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc) (Entered: 06/11/2019)
2019-06-11
1
NOTICE OF SERVICE of Defendant's 3Shape A/S, 3Shape Trios A/S and 3Shape Inc.'s Identification of Invalidity References filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 06/11/2019)
2019-06-11
1
Oral Order
2019-06-11
1
No Actions
Order Setting Hearing on Motion
2019-06-11
1
No Actions
ORAL ORDER: With respect to the motions hearing scheduled in several matters on Tuesday, June 18, IT IS HEREBY ORDERED that the hearing will start at 9:00 a.m. (not 10:00 a.m.) and will be held from 9:00 a.m. to 1:00 p.m. and from 4:00 p.m. to 5:00 p.m. IT IS FURTHER ORDERED that the cases will initially be argued in the following order, based on the following time allocations: (1) Digi Portal (18-1485): 15 minutes per side; (2) Align cases filed in 2017 (17-1646, 17-1647): 15 minutes per side (i.e., 30 minutes total, in which both sides will present argument in both 2017 Align cases); (3) Align case filed in 2018 (18-1949): 15 minutes per side; (4) 3G Licensing cases (17-83, 17-84, 17-85): 15 minutes per side (i.e., 30 minutes total, in which both sides will present argument in all 3G Licensing cases); and (5) Location Based Services (18-1587): 15 minutes per side. IT IS FURTHER ORDERED that, no later than June 14, the parties shall advise the Court as to who will be arguing for which party. The parties are reminded that they must be represented by counsel during the entirety of the hearing, as additional argument beyond the initial arguments noted above may be required. Judge Stark and Judge Burke will preside jointly throughout the hearing. ORDERED by Judge Leonard P. Stark on 6/12/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS (ntl) (Entered: 06/12/2019)
2019-06-12
1
Order
2019-06-12
1
No Actions
~Util - Set Hearings
2019-06-12
1
No Actions
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding who will be arguing on behalf of Align Technology, Inc. - re (187 in 1:17-cv-01646-LPS, 187 in 1:17-cv-01646-LPS, 155 in 1:17-cv-01647-LPS, 155 in 1:17-cv-01647-LPS, 23 in 1:18-cv-01949-LPS, 23 in 1:18-cv-01949-LPS) Order,,,,,, Set Hearings,,,,,. (Castellano, Jeffrey) (Entered: 06/14/2019)
2019-06-14
1
Letter to the Honorable Leonard P. Stark and the Honorable Christopher J. Burke from Geoffrey G. Grivner regarding section 101 motions hearing. (Grivner, Geoffrey) (Entered: 06/14/2019)
2019-06-14
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding recent supplemental authority. (Shaw, John) (Entered: 06/17/2019)
2019-06-17
1
Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Christopher J. Burke - Oral Argument held on 6/18/2019. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS (ntl)
2019-06-18
1
No Actions
Oral Argument
2019-06-19
1
No Actions
Official Transcript of Oral Argument Hearing on Section 101 held on June 18, 2019 before Chief Judge Leonard P. Stark and Magistrate Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Telephone number (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/12/2019. Redacted Transcript Deadline set for 7/22/2019. Release of Transcript Restriction set for 9/19/2019. (bpg) (Entered: 06/21/2019)
2019-06-21
1
[SEALED] OPENING BRIEF in Support Motion for Protective Order filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 7/5/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Certificate of Compliance)(Grivner, Geoffrey) (Entered: 06/21/2019)
2019-06-21
1
STIPULATION TO EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT to JULY 9, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 06/26/2019)
2019-06-26
1
SO ORDERED, re (161 in 1:17-cv-01647-LPS, 195 in 1:17-cv-01646-LPS) STIPULATION TO EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT to JULY 9, 2019 filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 6/27/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
2019-06-27
1
No Actions
SO ORDERED
2019-06-27
1
No Actions
[SEALED] ANSWERING BRIEF in Opposition to Defendants' Motion For Protective Order filed by Align Technology, Inc..Reply Brief due date per Local Rules is 7/10/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Castellano, Jeffrey) (Entered: 07/03/2019)
2019-07-03
1
OBJECTIONS by Align Technology, Inc. (Evidentiary Objections to Materials Submitted In Support of Defendants' Motion for Protective Order). (Castellano, Jeffrey) (Entered: 07/03/2019)
2019-07-03
1
MEMORANDUM ORDER denying Align Technology, Inc.'s motions to strike (C.A. No. 17-1646 D.I. 105; C.A. No. 17-1647, D.I. 91) and granting 3Shape A/S et al.'s motions to dismiss (C.A. No. 17-1646 D.I. 102; C.A. No. 17-1647 D.I. 88). 3Shape A/S et al.'s motion to dismiss (C.A. No. 18-1949 D.I. 11) remains pending, although the Court announced it will deny the motion at least with respect to Count I (relating to the '420 Patent). Signed by Judge Leonard P. Stark on 07/05/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS(etg) (Entered: 07/05/2019)
2019-07-05
1
STIPULATION TO EXTEND TIME Reply Brief and Sur-Reply Brief regarding discovery dispute to July 11, 2019 and July 15, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 07/09/2019)
2019-07-09
1
REDACTED VERSION of 162 Answering Brief in Opposition,, by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/10/2019)
2019-07-10
1
SO ORDERED
2019-07-10
1
No Actions
SO ORDERED, re (201 in 1:17-cv-01646-LPS)(165 in 1:17-cv-01647-LPS) STIPULATION TO EXTEND TIME Reply Brief and Sur-Reply Brief regarding discovery dispute to July 11, 2019 and July 15, 2019 filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 7/10/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
2019-07-10
1
No Actions
[SEALED] REPLY BRIEF filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Certificate of Compliance)(Grivner, Geoffrey) (Entered: 07/11/2019)
2019-07-11
1
[SEALED] RESPONSE TO OBJECTIONS by 3Shape A/S, 3Shape Inc. . (Attachments: # 1 Certificate of Compliance)(Grivner, Geoffrey) (Entered: 07/11/2019)
2019-07-11
1
ORAL ORDER: The discovery dispute hearing set for 7/22/2019 at 01:00 PM before Judge Christopher J. Burke will now be held in Courtroom 4A. Ordered by Judge Christopher J. Burke on 7/12/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb) (Entered: 07/12/2019)
2019-07-12
1
~Util - Set Deadlines/Hearings
2019-07-12
1
No Actions
Oral Order
2019-07-12
1
No Actions
NOTICE OF SERVICE of pursuant to the Court's order from June 6, 2019 re 150 Oral Order,,,,, Terminate Deadlines and Hearings,,,, SO ORDERED, filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 07/15/2019)
2019-07-15
1
[SEALED] Letter to the Hon. Christopher J. Burke from Geoffrey G. Grivner regarding Align Technology, Inc. v. 3Shape A/S/ et al., C.A. 17-cv-1646-LPS-CJB; Align Technology, Inc. v. 3Shape A/S et al., C.A. 17-cv-1647-LPS-CJB - re 150 Oral Order,,,,, Terminate Deadlines and Hearings,,,, SO ORDERED,. (Attachments: # 1 Exhibit Ex. 17-- Declaration of Mikkel Ninn-Gronne, # 2 Exhibit Ex. 18 -- Declaration of Cora Frederikke Birkkjaer, # 3 Certificate of Service)(Grivner, Geoffrey) (Entered: 07/15/2019)
2019-07-15
1
[SEALED] SUR-REPLY BRIEF re 165 STIPULATION TO EXTEND TIME Reply Brief and Sur-Reply Brief regarding discovery dispute to July 11, 2019 and July 15, 2019 (Motion for Protective Order) filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/15/2019)
2019-07-15
1
[SEALED] OBJECTIONS by Align Technology, Inc. to 163 Objections Plaintiff Align Technology Inc.'s Reply In Support Of Its Objections to Materials Submitted In Support Of Defendant's Motion for Protective Order. (Castellano, Jeffrey) (Entered: 07/15/2019)
2019-07-15
1
[SEALED] OBJECTIONS by Align Technology, Inc. to 167 Reply Brief, Plaintiff's Evidentiary Objections to Materials Submitted In Support Of Defendant's Protective Order Reply Brief. (Castellano, Jeffrey) (Entered: 07/15/2019)
2019-07-15
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeff Castellano - re 171 Letter,. (Castellano, Jeffrey) (Entered: 07/17/2019)
2019-07-17
1
ANSWER to 1 Complaint, (First Amended Complaint), Affirmative Defenses, COUNTERCLAIM against Align Technology, Inc. by 3Shape Inc., 3Shape A/S.(Grivner, Geoffrey) (Entered: 07/19/2019)
2019-07-19
1
REDACTED VERSION of 171 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit Exhibit 17, # 2 Exhibit Exhibit 18)(Grivner, Geoffrey) (Entered: 07/22/2019)
2019-07-22
1
REDACTED VERSION of (209 in 1:17-cv-01646-LPS) Sur-Reply Brief, (172 in 1:17-cv-01647-LPS) Sur-Reply Brief, by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/23/2019)
2019-07-23
1
REDACTED VERSION of (210 in 1:17-cv-01646-LPS) Objections, (173 in 1:17-cv-01647-LPS) Objections, by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/23/2019)
2019-07-23
1
REDACTED VERSION of (211 in 1:17-cv-01646-LPS) Objections, (174 in 1:17-cv-01647-LPS) Objections by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/23/2019)
2019-07-23
1
Motion Hearing
2019-07-23
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 7/22/2019 regarding D.I. (145 in 1:17-cv-01646-LPS, 138 in 1:17-cv-01647-LPS). The Court heard argument regarding the motion for a protective order and will take the matter under advisement. (Court Reporter Susan Migatz (Veritext). Clerk: M. Streifthau-Livizos) Appearances: J. Shaw, B. Jacobs, C. Ondrick, G. Margeson for Plaintiff; L. Smith, L. Pitts, K. Coghill, N. Loizides for Defendants. Associated Cases: 1:17-cv-01647-LPS, 1:17-cv-01646-LPS(mlc) Modified on 7/23/2019 (mlc).
2019-07-23
1
No Actions
REDACTED VERSION of (175 in 1:17-cv-01647-LPS) Letter, (213 in 1:17-cv-01646-LPS) Letter by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/25/2019)
2019-07-25
1
Official Transcript of Motion Hearing held on July 22, 2019 before Judge Christopher J. Burke. Court Reporter/Transcriber Susan Migatz of Veritext, Telephone number (302) 571-0510. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/23/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/31/2019. (bpg) (Entered: 08/02/2019)
2019-08-02
1
STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 9, 2019 and August 30, 2019, respectively - filed by Align Technology, Inc.. (Hoeschen, Nathan) (Entered: 08/02/2019)
2019-08-02
1
SO ORDERED
2019-08-06
1
No Actions
SO ORDERED, re 183 STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 9, 2019 and August 30, 2019, respectively filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 8/6/19. (ntl)
2019-08-06
1
No Actions
ANSWER to 176 Answer to Complaint, Counterclaim by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 08/09/2019)
2019-08-09
1
STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 16, 2019 and September 6, 2019, respectively - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 08/09/2019)
2019-08-09
1
SO ORDERED
2019-08-12
1
No Actions
SO ORDERED, re 185 STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 16, 2019 and September 6, 2019, respectively filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 8/12/19. (ntl)
2019-08-12
1
No Actions
STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 23, 2019 and September 13, 2019, respectively - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 08/16/2019)
2019-08-16
1
SO ORDERED
2019-08-19
1
No Actions
SO ORDERED, re 186 STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 23, 2019 and September 13, 2019, respectively filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 8/19/19. (ntl)
2019-08-19
1
No Actions
STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 30, 2019 and September 20, 2019, respectively to - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 08/23/2019)
2019-08-23
1
[SEALED] NOTICE to Take Deposition of Align Techonolgy on September 26, 2019 filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certificate of Compliance)(Grivner, Geoffrey) (Entered: 08/27/2019)
2019-08-27
1
NOTICE to Take Deposition of Lisa Barry on August 29, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 08/27/2019)
2019-08-27
1
NOTICE OF SERVICE of 1) Plaintiffs Notice of Deposition of Alexei Miretsky Pursuant to Federal Rule of Civil Procedure 30(b)(1) 2) Plaintiffs Notice of Deposition of Allan Hyldal Pursuant to Federal Rule of Civil Procedure 30(b)(1) 3) Plaintiffs Notice of Deposition of Anatol Demchyshyn Pursuant to Federal Rule of Civil Procedure 30(b)(1) 4) Plaintiffs Notice of Deposition of Christoffer Melchior Pursuant to Federal Rule of Civil Procedure 30(b)(1) 5) Plaintiffs Notice of Deposition of Daniel Grest Pursuant to Federal Rule of Civil Procedure 30(b)(1) 6) Plaintiffs Notice of Deposition of Henrik Brandt Pursuant to Federal Rule of Civil Procedure 30(b)(1) 7) Plaintiffs Notice of Deposition of Jacob Birkelund Pursuant to Federal Rule of Civil Procedure 30(b)(1) 8)Plaintiffs Notice of Deposition of Kristian Hansen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 9)Plaintiffs Notice of Deposition of Lars Christian Lund Pursuant to Federal Rule of Civil Procedure 30(b)(1) 10)Plaintiffs Notice of Deposition of Marat Khaitov Pursuant to Federal Rule of Civil Procedure 30(b)(1) 11)Plaintiffs Notice of Deposition of Marianne Heidam Pursuant to Federal Rule of Civil Procedure 30(b)(1) 12)Plaintiffs Notice of Deposition of Michael Toxvrd Pursuant to Federal Rule of Civil Procedure 30(b)(1) 13)Plaintiffs Notice of Deposition of Nikolaj Kromann Jrgensen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 14)Plaintiffs Notice of Deposition of Prita Anderson Pursuant to Federal Rule of Civil Procedure 30(b)(1) 15) Plaintiffs Notice of Deposition of Rasmus Nielsen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 16) Plaintiffs Notice of Deposition of Rune Fisker Pursuant to Federal Rule of Civil Procedure 30(b)(1) 17) Plaintiffs Notice of Deposition of Tais Clausen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 18) Plaintiffs Notice of Deposition of Thomas Clemen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 19) Plaintiffs Notice of Deposition of Tim Traekjaer Pursuant to Federal Rule of Civil Procedure 30(b)(1) 20) Plaintiffs Notice of Deposition of Tommy Sanddal Poulsen Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 08/27/2019)
2019-08-27
1
SO ORDERED
2019-08-27
1
No Actions
SO ORDERED, re 187 STIPULATION TO EXTEND TIME Final infringement contentions and final invalidity contentions to August 30, 2019 and September 20, 2019, respectively filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 8/27/19. (ntl)
2019-08-27
1
No Actions
NOTICE OF SERVICE of Defendant's Second Set of Interrogatories to Plaintiff (Nos. 8-12) and Defendant's First Set of Requests for Admission to Plaintiff (Nos. 1-17) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 08/28/2019)
2019-08-28
1
NOTICE OF SERVICE of 1) Align Technology, Inc.'s Second Notice of Deposition of 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) 2) Plaintiff Align Technology, Inc.'s Second Set of Interrogatories to Defendants 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. 3) Plaintiff Align Technology, Inc.'s First Set of Requests for the Production of Documents and Things to Defendant 3Shape Trios A/S 4) Plaintiff Align Technology, Inc.'s Second Set of Requests for the Production of Documents and Things and/or Inspection to Defendants 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. (Nos. 102-103) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 08/28/2019)
2019-08-28
1
NOTICE OF SERVICE of 1) Plaintiffs Notice of Deposition of Sophie Ellersgaard Pursuant to Federal Rule of Civil Procedure 30(b)(1) 2) Plaintiffs Notice of Deposition of Lene Liillemark Pursuant to Federal Rule of Civil Procedure 30(b)(1) 3) [CONFIDENTIAL] Align Technology, Inc.s Supplemental Notice of Deposition of 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 08/30/2019)
2019-08-30
1
NOTICE OF SERVICE of Defendants Responses and Objections to Plaintiffs Supplemental Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/03/2019)
2019-09-03
1
NOTICE OF SERVICE of (1) Plaintiff's Notice of Deposition of Katrina Gron Rindom Pursuant to Federal Rule of Civil Procedure 30(b)(1) (2) Plaintiff's Notice of Deposition of Mikkel Ninn-Gronne Pursuant to Federal Rule of Civil Procedure 30(b)(1) (3) Plaintiff's Notice of Deposition of Oleksii Stepanenko Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/04/2019)
2019-09-04
1
STIPULATION TO EXTEND TIME final infringement contentions to September 6, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 09/04/2019)
2019-09-04
1
SO ORDERED
2019-09-05
1
No Actions
SO ORDERED, re 196 STIPULATION TO EXTEND TIME final infringement contentions to September 6, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/5/19. (ntl)
2019-09-05
1
No Actions
NOTICE to Take Deposition of Jan Smith on September 25, 2019 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/06/2019)
2019-09-06
1
STIPULATION to Extend Time to Serve Final Infringement Contentions by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 09/06/2019)
2019-09-06
1
SO ORDERED
2019-09-09
1
No Actions
SO ORDERED, re 198 Stipulation to Extend Time filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/9/19. (ntl)
2019-09-09
1
No Actions
NOTICE to Take Deposition of Avi Kopelman on November 19, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Jennifer Olson on November 6, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Simon Beard on November 7, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Yuval Shaked on November 8, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Eric E. Kuo on October 18, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Mike Sabina on October 17, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Abhishek Ganguly on October 16, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Mike Walsh on October 15, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Leela Parvatheneni on October 14, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Will Edmiston on October 14, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE to Take Deposition of Raphael Pascaud on October 7, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/10/2019)
2019-09-10
1
NOTICE OF SERVICE of 1) Align Technology, Inc.s Objections and Responses to 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) 2) Plaintiff Align Technology, Inc.s Supplemental Rule 26(a)(1) Initial Disclosures filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/11/2019)
2019-09-11
1
STIPULATION (and proposed order) to extend case deadlines by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 09/11/2019)
2019-09-11
1
SO ORDERED
2019-09-12
1
No Actions
~Util - Set Deadlines
2019-09-12
1
No Actions
SO ORDERED, re 211 Stipulation to Extend Time -- Fact Discovery completed by 11/21/2019. Dispositive Motions due by 3/6/2020. Signed by Judge Leonard P. Stark on 9/12/19. (ntl)
2019-09-12
1
No Actions
NOTICE OF SERVICE of Align Technology Inc.'s First Supplemental Objections and Responses to 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc.'s First Set of Interrogatories (Nos. 1-7) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/16/2019)
2019-09-16
1
NOTICE OF SERVICE of subpoena duces tecum directed to Ivoclar Vivadent, Inc. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/18/2019)
2019-09-18
1
NOTICE to Take Deposition of Mu Y. Li on October 10, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/19/2019)
2019-09-19
1
MOTION for Pro Hac Vice Appearance of Attorney Allan M. Soobert - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 09/19/2019)
2019-09-19
1
MOTION for Pro Hac Vice Appearance of Attorney Jacqueline M. Weyand - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Jacqueline M. Weyand)(Grivner, Geoffrey) (Entered: 09/20/2019)
2019-09-20
1
SO ORDERED
2019-09-20
1
No Actions
SO ORDERED, re 215 MOTION for Pro Hac Vice Appearance of Attorney Allan M. Soobert filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/20/19. (ntl)
2019-09-20
1
No Actions
SO ORDERED
2019-09-23
1
No Actions
SO ORDERED, re 216 MOTION for Pro Hac Vice Appearance of Attorney Jacqueline M. Weyand filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 9/23/19. (ntl)
2019-09-23
1
No Actions
NOTICE to Take Deposition of Daniella Alalouf on November 5, 2019 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/24/2019)
2019-09-24
1
NOTICE to Take Deposition of Rafael Galiakberow on November 6, 2019 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/24/2019)
2019-09-24
1
NOTICE to Take Deposition of Eric Brown on November 22, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/26/2019)
2019-09-26
1
NOTICE OF SERVICE of (1) Plaintiff Align Technology, Inc.'s Objections and Responses to 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc.'s First Set of Requests for Admission [Nos. 1-17] (2) Plaintiff Align Technology, Inc.'s Objections and Responses to 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc.'s Second Set of Interrogatories [Nos. 8-12] filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/27/2019)
2019-09-27
1
NOTICE OF SERVICE of multiple discovery documents filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 09/27/2019)
2019-09-27
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding discovery dispute. (Castellano, Jeffrey) (Entered: 09/27/2019)
2019-09-27
1
MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs, Richard S.J. Hung, Arturo J. Gonzlez, and Shaelyn K. Dawson - filed by Align Technology, Inc.. (Hoeschen, Nathan) (Entered: 10/01/2019)
2019-10-01
1
ORAL ORDER: The Court, having reviewed Plaintiff's letter regarding discovery disputes, (D.I. 242 in Civil Action No. 17-1646-LPS-CJB; D.I. 222 in Civil Action No. 17-1647-LPS-CJB) hereby ORDERS as follows: (1) Regarding Plaintiff's discovery disputes, (id. at 1-2), (a) Plaintiff shall submit an opening letter brief of no more than six pages, single-spaced by 10/09/2019, and (b) Defendants shall submit an answering letter brief of no more than six pages, single-spaced by 10/14/2019. (2) Regarding Defendants' discovery disputes, (id. at 2-3): (a) Defendants shall submit an opening letter brief of no more than six pages, single-spaced by 10/09/2019, and (b) Plaintiff shall submit an answering letter brief of no more than six pages, single-spaced by 10/14/2019. (3) A discovery dispute teleconference regarding Plaintiffs' discovery disputes will be held on 10/16/2019 at 1:00 pm EDT with Plaintiff's counsel to initiate the call. (4) A discovery dispute teleconference regarding Defendants' discovery disputes will be held on 10/18/2019 at 1:00 pm EDT with Defendants' counsel to initiate the call. (5) The parties shall each file a "Motion for Teleconference to Resolve Discovery Dispute" (one filed by Plaintiff as to Plaintiff's disputes, one filed by Defendants as to Defendants' disputes) the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website. (6) Two courtesy copies of each of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 10/2/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb) (Entered: 10/02/2019)
2019-10-02
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Align Technology, Inc.. (Castellano, Jeffrey) Modified docket text on 10/10/2019 (ceg). (Entered: 10/02/2019)
2019-10-02
1
MOTION for Discovery Teleconference - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 10/02/2019)
2019-10-02
1
SO ORDERED, re 223 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs, Richard S.J. Hung, Arturo J. Gonzlez, and Shaelyn K. Dawson filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 10/2/19. (ntl)
2019-10-02
1
No Actions
Pro Hac Vice Attorneys Michael A. Jacobs, Richard S.J. Hung, Arturo J. Gonzalez, Shaelyn K. Dawson for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
2019-10-02
1
No Actions
Add Attorneys - PHV only
2019-10-02
1
No Actions
Order Setting Teleconference
2019-10-02
1
No Actions
SO ORDERED
2019-10-02
1
No Actions
NOTICE OF SERVICE of subpoena duces tecum and a subpoena ad testificandum directed to Henry Schein Inc filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 10/04/2019)
2019-10-04
1
ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to discovery disputes (D.I. 80; D.I. 132), except that Judge Burke retains his referral for Defendants' Motion for Protective Order (D.I. 138). IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Jennifer L. Hall, pursuant to 28 U.S.C. § 636(b), to hear and resolve all discovery disputes. Ordered by Judge Leonard P. Stark on 10/8/2019. (etg) (Entered: 10/08/2019)
2019-10-08
1
Order
2019-10-08
1
No Actions
[SEALED] Letter to The Honorable Jennifer Hall from Geoffrey G. Grivner regarding Discovery Dispute - re (224 in 1:17-cv-01647-LPS) Order Setting Teleconference (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Grivner, Geoffrey) (Additional attachment(s) added on 10/10/2019: # 11 Certificate of Service, # 12 Exhibit) (ceg). (Entered: 10/09/2019)
2019-10-09
1
[SEALED] Letter to The Honorable Jennifer Hall from Geoffrey G. Grivner regarding Discovery Dispute - re 224 Order Setting Teleconference (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Grivner, Geoffrey) (Additional attachment(s) added on 10/10/2019: # 11 Certificate of Service, # 12 Exhibit) (ceg). (Entered: 10/09/2019)
2019-10-09
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding Discovery Disputes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 10/09/2019)
2019-10-09
1
CORRECTING ENTRY: Docket Clerk added sealed attachments #11 and #12 to D.I. 230 per filing party's request due to technical error. (ceg)
2019-10-10
1
No Actions
- CORRECTING ENTRY
2019-10-10
1
No Actions
[SEALED] Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding 3Shape's October 9 Discovery Dispute letter - re (249 in 1:17-cv-01646-LPS, 229 in 1:17-cv-01647-LPS) Letter, (230 in 1:17-cv-01647-LPS) Letter,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Castellano, Jeffrey) (Entered: 10/14/2019)
2019-10-14
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Geoffrey Grivner regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/14/2019)
2019-10-14
1
ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that the discovery dispute teleconference regarding Plaintiffs' discovery disputes will go forward as scheduled on 10/16/2019 at 1:00 pm EDT with Plaintiffs' counsel to initiate the call. IT IS FURTHER ORDERED that the discovery dispute teleconference regarding Defendants' discovery disputes scheduled on 10/18/2019 at 1:00 pm EDT will now take place on 10/18/2019 at 11:00 am EDT with Defendants' counsel to initiate the call. Ordered by Judge Jennifer L. Hall on 10/15/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg) (Entered: 10/15/2019)
2019-10-15
1
Order Setting Teleconference
2019-10-15
1
No Actions
REDACTED VERSION of (231 in 1:17-cv-01647-LPS, 250 in 1:17-cv-01646-LPS) Letter,, to The Honorable Jennifer L. Hall from Jeff Castellano regarding Discovery Disputes by Align Technology, Inc.. (Attachments: # 1 Exhibit A-S, # 2 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 10/16/2019)
2019-10-16
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Telephone Conference regarding Plaintiffs' disputes held on 10/16/2019. (*Court Reporter Stacy Ingram) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg)
2019-10-16
1
No Actions
Telephone Conference
2019-10-16
1
No Actions
ORAL ORDER: Having reviewed Plaintiff's motion regarding discovery disputes (C.A. No. 17-1646 D.I. 245; C.A. No. 17-1647 D.I. 225) (the "Motion") and the associated briefing (C.A. No. 17-1646 D.I. 250, D.I. 253; C.A. No. 17-1647 D.I. 231, D.I. 233), and having heard argument on October 16, 2019, it is HEREBY ORDERED that the Motion is GRANTED-IN-PART and DENIED-IN-PART. With regard to the five disputes over document production, the Court orders as follows: (I) Plaintiff's request for production of certain documents produced by 3Shape in an ITC proceeding was resolved by agreement of the parties during oral argument and is now moot. (II) Plaintiff's request for the production of user guides is GRANTED, as stated during the teleconference. Defendants shall produce and/or reproduce color versions of all product user guides/manuals for the products at issue in both the No. 17-1646 and No. 17-1647 cases. Defendants shall also confirm that the most current technical specifications for the accused products, i.e., the Indirect Bonding and Smile Design, have been produced. (III) Plaintiff's request for Defendants' production of worldwide sales, pricing, revenue, cost, and profit data for the accused products is taken under advisement. The parties shall provide further briefing to the Court regarding the relevance of such information in this particular case, and the burden of producing it, with Plaintiff's two-page supplemental letter brief due October 22, 2019 and Defendants' two-page supplemental letter brief due October 25, 2019. All submissions shall be single-spaced and in 12-pt font. (IV) The issue of email production was resolved by Defendants' representation that they would produce the remaining email discovery by October 23, 2019. The Court DENIES Plaintiff's request for supplemental depositions at this time, for the reasons stated during the teleconference. (V) Plaintiff's request that Defendants provide a privilege log is GRANTED-IN-PART. As stated during the teleconference, Defendants shall produce a privilege log listing all documents for which the privileged status will in no way be affected by Magistrate Judge Burke's upcoming ruling on the parties' pending privilege dispute. With regard to the four disputes concerning depositions, the Court orders as follows: (I) Plaintiff's request seeking a protective order preventing the deposition of Yuval Shaked is DENIED, as stated during the teleconference. Plaintiff shall produce Yuval Shaked for a 4-hour deposition at the location of Plaintiff's choice. The record before the Court suggests that Mr. Shaked may possess relevant and unique information, and the restraints imposed by the Court on the timing and location of the deposition will minimize any burden on Mr. Shaked. As a result of the Court's order regarding Mr. Shaked, Defendants agreed during the teleconference to withdraw their requests to depose Simon Beard and Jen Olson. (II) The issue concerning the deposition of Avi Kopelman was resolved in light of Plaintiff's agreement to produce him for deposition in both the No. 17-1646 and No. 17-1647 cases. (III) Plaintiff's request to limit the deposition questioning of Mike Walsh to subject matter relevant to No. 17-1647 is GRANTED for the reasons stated during the teleconference. (IV) Plaintiff's request to compel Defendants to designate witnesses on certain Rule 30(b)(6) topics is GRANTED-IN-PART, as stated during the teleconference, since Plaintiff identified the additional topics before deposing any of Defendants' Rule 30(b)(6) designees. Finally, with respect to Plaintiff's request to strike the portions of Defendants' final invalidity contentions containing new prior art references, the request is DENIED. The amended scheduling order set forth a deadline for the final identification of all invalidity references, with which Defendants complied. The amended scheduling order also set forth a deadline for the exchange of final invalidity contentions, with which Defendants complied. To the extent that Defendants had an additional duty to supplement under Federal Rule of Civil Procedure 26(e), based on the record before the Court, the Court finds that Defendants' disclosures were timely, given Defendants' representations that the previously unproduced prior art references were recently discovered and that the new invalidity theories were recently developed. For these reasons, the Court finds that Defendants did not commit a discovery violation. Finding no discovery violation, the Court believes further analysis under PennyPack is unnecessary. Regardless, even if the Court were to apply the PennyPack factors, they do not favor striking Defendants' invalidity contentions, particularly because there is minimal, if any, prejudice to Plaintiff as a result of the timing of the disclosures, and the record does not indicate that Defendants acted in bad faith. The Court directs the parties to the transcript for further guidance. ORDERED by Judge Jennifer L. Hall on 10/17/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg) (Entered: 10/17/2019)
2019-10-17
1
Order
2019-10-17
1
No Actions
ORAL ORDER: Having reviewed Defendants' motion regarding discovery disputes (C.A. No. 17-1646 D.I. 246; C.A. No. 17-1647 D.I. 226) (the "Motion") and the associated briefing (C.A. No. 17-1646 D.I. 249, D.I. 252; C.A. No. 17-1647 D.I. 229, D.I. 231), and having heard argument on October 18, 2019, it is HEREBY ORDERED that the Motion is GRANTED-IN-PART and DENIED-IN-PART for the reasons stated during argument. The Court directs the parties to the transcript for further guidance. ORDERED by Judge Jennifer L. Hall on 10/18/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg) (Entered: 10/18/2019)
2019-10-18
1
REDACTED VERSION of 230 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Grivner, Geoffrey) (Entered: 10/18/2019)
2019-10-18
1
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI 230 . (ceg)
2019-10-18
1
No Actions
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Telephone Conference regarding Defendants' disputes held on 10/18/2019. (*Court Reporter Brian Gaffigan) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg)
2019-10-18
1
No Actions
Deficiency re Redacted Documents
2019-10-18
1
No Actions
Oral Order
2019-10-18
1
No Actions
Telephone Conference
2019-10-18
1
No Actions
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
1
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of 233 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Grivner, Geoffrey) (Entered: 10/21/2019)
2019-10-21
2
REDACTED VERSION of (232 in 1:17-cv-01647-LPS, 252 in 1:17-cv-01646-LPS) Letter,, to The Honorable Jennifer L. Hall from Jeff Castellano regarding 3Shape's October 9 Discovery Dispute letter by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 10/21/2019)
2019-10-21
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Jeff Castellano - re (D.I. 256 in 1:17-cv-01646-LPS, D.I. 236 in 1:17-cv-01647-LPS) Oral Order. (Castellano, Jeffrey) Modified docket text on 10/23/2019 (ceg). (Entered: 10/22/2019)
2019-10-22
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Geoffrey Grivner regarding Discovery Dispute. (Grivner, Geoffrey) (Entered: 10/25/2019)
2019-10-25
1
NOTICE OF SERVICE of Align Technology, Inc.s Second Supplemental Objections and Responses to 3Shape A/S, 3Shape TRIOS A/S, and 3Shape Inc.s First Set of Interrogatories (Nos. 1-7) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 10/28/2019)
2019-10-28
1
ORAL ORDER: Having reviewed Plaintiff's motion regarding discovery disputes (C.A. No. 17-1646 D.I. 245; C.A. No. 17-1647 D.I. 225) (the "Motion") and the associated briefing and supplemental briefing (C.A. No. 17-1646 D.I. 250, D.I. 253, D.I. 261, D.I. 262; C.A. No. 17-1647 D.I. 231, D.I. 233, D.I. 241, D.I. 242), and having heard argument on October 15, 2019, it is HEREBY ORDERED that Plaintiff's Motion is GRANTED with respect to its request seeking the production of worldwide sales data from Defendants. Plaintiff has proffered a basis for the relevancy of such information and Defendants do not contend that production of the information would be unduly burdensome or expensive. The cases cited by Defendant stand for the proposition that worldwide sales information cannot be used to support a damages claim for infringement occurring wholly outside the United States. Plaintiff has represented, however, that it is not seeking the information for this purpose. Rather, Plaintiff seeks the worldwide sales information for use in its calculation of a reasonable royalty and to support its claim for damages driven by U.S. infringement. Although Plaintiff's damages theories may ultimately be rejected by the trial court, the information is potentially relevant to Plaintiff's claims and is thus appropriately produced at the discovery stage, particularly since Defendant does not suggest that its production would be overly burdensome. ORDERED by Judge Jennifer L. Hall on 10/28/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg) (Entered: 10/28/2019)
2019-10-28
1
Order on Motion for Miscellaneous Relief
2019-10-28
1
No Actions
REDACTED VERSION of (261 in 1:17-cv-01646-LPS, 241 in 1:17-cv-01647-LPS) Letter to The Honorable Jennifer L. Hall from Jeff Castellano by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 10/29/2019)
2019-10-29
1
NOTICE to Take Deposition of Akhil Deshpande on November 8, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/01/2019)
2019-11-01
1
NOTICE to Take Deposition of Mitra Derakhshan on November 6, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/01/2019)
2019-11-01
1
REDACTED VERSION of 242 Letter regarding Discovery Dispute by 3Shape A/S, 3Shape Inc.(Grivner, Geoffrey) Modified docket text on 11/1/2019 (ceg). (Entered: 11/01/2019)
2019-11-01
1
STIPULATION TO EXTEND TIME (and proposed order) to extend the deadline to serve final infringement contentions to November 8, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 11/01/2019)
2019-11-01
1
SO ORDERED, re 249 STIPULATION TO EXTEND TIME (and proposed order) to extend the deadline to serve final infringement contentions to November 8, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 11/4/19. (ntl)
2019-11-04
1
No Actions
SO ORDERED
2019-11-04
1
No Actions
NOTICE of Withdraw of Certain Pro Hac Vice Counsel by Align Technology, Inc. (Castellano, Jeffrey) (Entered: 11/08/2019)
2019-11-08
1
STIPULATION TO EXTEND TIME to serve Final Infringement Contentions to November 15, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 11/08/2019)
2019-11-08
1
Letter to The Honorable Christopher J. Burke from Jeff Castellano regarding Defendants' Motion for Protective Order. (Castellano, Jeffrey) (Entered: 11/08/2019)
2019-11-08
1
NOTICE to Take Deposition of Rob Walker on November 21, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/11/2019)
2019-11-11
1
ORAL ORDER: The Court, having reviewed Plaintiff's November 8, 2019 letter (D.I. 269 in Civil Action No. 17-1646-LPS, D.I. 252 in Civil Action No. 17-1647-LPS), hereby ORDERS that a status teleconference will be held regarding the letter on November 18, 2019 at 3:00 pm, with Plaintiff's counsel to initiate the call. Ordered by Judge Christopher J. Burke on 11/12/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb) (Entered: 11/12/2019)
2019-11-12
1
Order Setting Teleconference
2019-11-12
1
No Actions
SO ORDERED, re 251 STIPULATION TO EXTEND TIME to serve Final Infringement Contentions to November 15, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 11/13/19. (ntl)
2019-11-13
1
No Actions
SO ORDERED
2019-11-13
1
No Actions
STIPULATION TO EXTEND TIME multiple deadlines to multiple dates - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 11/14/2019)
2019-11-14
1
Official Transcript of Telephone Conference held on October 18, 2019 before Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/18/2019. Release of Transcript Restriction set for 2/17/2020.(bpg) (Entered: 11/17/2019)
2019-11-17
1
STIPULATION to Modify Case Schedule by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 11/18/2019)
2019-11-18
1
Minute Entry for proceedings held before Judge Christopher J. Burke - Status Teleconference held on 11/18/2019. The Court heard argument from both parties regarding Plaintiffs letter. (D.I. 269 in Civil Action No. 17-1646-LPS, D.I. 252 in Civil Action No. 17-1647-LPS) (Clerk: A. Schwerin) APPEARANCES: J. Castellano, B. Jacobs, C. Ondrick, T. Como for Plaintiff; G. Grivner, L. Smith for Defendant. (Court Reporter Adam Miller (DepositionsDelaware LLC.) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
2019-11-18
1
No Actions
Status Conference
2019-11-18
1
No Actions
SO ORDERED, re 255 STIPULATION TO EXTEND TIME multiple deadlines to multiple dates filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 11/18/19. (ntl)
2019-11-19
1
No Actions
SO ORDERED
2019-11-19
1
No Actions
NOTICE of of Withdrawal of Certain Pro Hac Vice Counsel by 3Shape A/S, 3Shape Inc. (Grivner, Geoffrey) (Entered: 11/20/2019)
2019-11-20
1
Emergency MOTION to Stay Expert Discovery Deadlines - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit, # 2 Certificate of Compliance, # 3 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 11/20/2019)
2019-11-20
1
ORAL ORDER: IT IS HEREBY ORDERED that the emergency motion to stay (C.A. No. 17-1646 D.I. 274; C.A. No. 17-1647 D.I. 259) is referred to Judge Hall. IT IS FURTHER ORDERED that any requests or disputes with respect to moving the trial date are also referred to Judge Hall. ORDERED by Judge Leonard P. Stark on 11/21/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 11/21/2019)
2019-11-21
1
ORAL ORDER Setting Teleconference: Having received Defendants' Emergency Motion to Stay Expert Discovery Deadlines (C.A. No. 17-1646 D.I. 274; C.A. No. 17-1647 D.I. 259), a teleconference is scheduled for Friday, November 22, 2019 at 8:15 am EDT before Judge Jennifer L. Hall. Plaintiff, if it chooses, may file a two-page, single-spaced letter response to Defendants' Motion by 6:00 pm today. Defendants' counsel shall initiate the call to chambers. ORDERED by Judge Jennifer L. Hall on 11/21/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg) (Entered: 11/21/2019)
2019-11-21
1
Letter to The Honorable Jennifer L. Hall from Jeff Castellano - re Emergency Motion to Stay Expert Discovery Deadlines, (D.I. 274 in 1:17-cv-01646-LPS; D.I. 259 in 1:17-cv-01647-LPS) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shaw, John) Modified docket text on 11/21/2019 (ceg). (Entered: 11/21/2019)
2019-11-21
1
NOTICE OF SERVICE of Plaintiff Align Technology, Inc.s Second Supplemental Rule 26(a)(1) Initial Disclosures filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 11/21/2019)
2019-11-21
1
NOTICE OF SERVICE of Defendants' Second Amended Initial Disclosures filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/21/2019)
2019-11-21
1
MOTION REFERRED: Emergency Motion to Stay Expert Discovery Deadlines (D.I. 274 in 1:17-cv-01646-LPS; D.I. 259 in 1:17-cv-01647-LPS) referred to Magistrate Judge Jennifer L. Hall. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg)
2019-11-21
1
No Actions
Motions Referred
2019-11-21
1
No Actions
Order Setting Teleconference
2019-11-21
1
No Actions
Order Referring Motion
2019-11-21
1
No Actions
ORAL ORDER: Having reviewed Defendants' Emergency Motion to Stay Expert Discovery Deadlines (C.A. No. 17-1646 D.I. 274; C.A. No. 17-1647 D.I. 259) (the "Motion") and the associated briefing (C.A. No. 17-1646 D.I. 277; C.A. No. 17-1647 D.I. 262), and having heard argument on November 22, 2019, it is HEREBY ORDERED that the Motion is DENIED for the reasons stated during argument. As stated on the call, the deadline for serving opening expert reports in C.A. No. 17-1646 shall be extended to Monday, November 25, 2019. The Court directs the parties to the transcript for further guidance. ORDERED by Judge Jennifer L. Hall on 11/22/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg) (Entered: 11/22/2019)
2019-11-22
1
MOTION for Scheduling Order Requesting Teleconference - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 11/22/2019)
2019-11-22
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Geoffrey G. Grivner regarding Scheduling Dispute. (Attachments: # 1 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 11/22/2019)
2019-11-22
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Telephone Conference re: Defendants' Emergency Motion to Stay Expert Discovery Deadlines (D.I. 274 ) held on 11/22/2019. (*Court Reporter Valerie Gunning) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg)
2019-11-22
1
No Actions
Order on Motion to Stay
2019-11-22
1
No Actions
Telephone Conference
2019-11-22
1
No Actions
ORAL ORDER Setting Teleconference: The Court has received Defendants' Motion for Teleconference to Resolve Scheduling Disputes (C.A. No. 17-1646 D.I. 279 ; C.A. No. 17-1647 D.I. 266 ) (the Motion) and Defendants' letter in support of the Motion (C.A. No. 17-1646 D.I. 280 ; C.A. No. 17-1647 D.I. 267 ). A teleconference is set for Tuesday, December 3, 2019 at 2:00 p.m. Eastern Time before Judge Jennifer L. Hall. By no later than 11/27/2019, Plaintiff shall file a letter, not to exceed three pages, in no less than 12-point font, and an accompanying one-page chart, outlining the reasons for its opposition. Two courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. ORDERED by Judge Jennifer L. Hall on 11/25/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(amf)
2019-11-25
1
No Actions
Oral Order
2019-11-25
1
No Actions
~Util - Set Hearings
2019-11-25
1
No Actions
NOTICE to Take Deposition of Roman Roschin on December 4, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 11/26/2019)
2019-11-26
1
SO ORDERED, re 257 STIPULATION to Modify Case Schedule filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 11/25/19. (ntl)
2019-11-26
1
No Actions
SO ORDERED
2019-11-26
1
No Actions
Letter to The Honorable Jennifer L. Hall from Jeff Castellano. (Castellano, Jeffrey) (Entered: 11/27/2019)
2019-11-27
1
NOTICE OF SERVICE of Plaintiff Align Technology, Inc.'s Infringement Contentions filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 12/02/2019)
2019-12-02
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Telephone Conference re: Defendants' Motion for Teleconference to Resolve Scheduling Disputes (C.A. No. 17-1646 D.I. 279 ; C.A. No. 17-1647 D.I. 266 ) held on 12/3/2019. The transcript from today's teleconference shall serve as the Order of the Court. The parties shall submit a stipulation with the proposed deadlines, or a joint letter, on or before December 10, 2019. (*Court Reporter Stacy Vickers, Hawkins Reporting Service) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ceg)
2019-12-03
1
No Actions
Telephone Conference
2019-12-03
1
No Actions
NOTICE OF SERVICE of 1) Plaintiffs Notice of Deposition of Michael Maccaquano Pursuant to Federal Rules of Civil Procedure 30(b)(6) 2) Plaintiffs Notice of Deposition of Mike van der Poel Pursuant to Federal Rules of Civil Procedure 30(b)(6) 3) Plaintiffs Notice of Deposition of Simone Siandre Pursuant to Federal Rules of Civil Procedure 30(b)(6) 4) Plaintiffs Notice of Deposition of Wendi Cohen Pursuant to Federal Rules of Civil Procedure 30(b)(6) 5) Plaintiffs Notice of Deposition of Garret Ogden Pursuant to Federal Rules of Civil Procedure 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 12/04/2019)
2019-12-04
1
ORAL ORDER: IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Jennifer L. Hall, pursuant to 28 U.S.C. § 636(b), to hear and resolve all matters related to scheduling disputes and any scheduling-related motions (e.g., Motions to Stay, Motions for Extensions of Time). ORDERED by Judge Leonard P. Stark on 12/5/19. (ntl) (Entered: 12/05/2019)
2019-12-05
1
Order
2019-12-05
1
No Actions
MOTION for Teleconference to Resolve Discovery Dispute - filed by Align Technology, Inc.. (Attachments: # 1 Exhibit A)(Castellano, Jeffrey) (Entered: 12/09/2019)
2019-12-09
1
STIPULATION to Modify Case Schedule by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 12/10/2019)
2019-12-10
1
ORAL ORDER Setting Teleconference: The Court has received Plaintiff's Motion for Teleconference to Resolve Scheduling Disputes (D.I. 273 ). The motion will be heard during the parties' already scheduled December 17, 2019 teleconference in C.A. No. 18-886. If any party chooses to submit a letter in support of its position, the letter shall not exceed one page and shall be submitted no later than December 16, 2019 at 6:00 p.m. ET. ORDERED by Judge Jennifer L. Hall on 12/12/2019. (ceg) (Entered: 12/12/2019)
2019-12-12
1
Order Setting Teleconference
2019-12-12
1
No Actions
SO ORDERED, 274 Stipulation to Modify Case Schedule. Reset Scheduling Order Deadlines: Opening Expert Reports due by 1/17/2020; Rebuttal Expert Reports due by 2/7/2020; Reply Expert Reports due 2/17/2020; Expert Discovery due by 2/24/2020. ORDERED by Judge Jennifer L. Hall on 12/13/2019. (ceg)
2019-12-13
1
No Actions
SO ORDERED
2019-12-13
1
No Actions
Set/Reset Scheduling Order Deadlines
2019-12-13
1
No Actions
Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding Plaintiff's Motion for Teleconference to Resolve Scheduling Disputes - re 275 Order Setting Teleconference,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Castellano, Jeffrey) (Entered: 12/16/2019)
2019-12-16
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Geoffrey G. Grivner regarding Scheduling Dispute. (Grivner, Geoffrey) (Entered: 12/16/2019)
2019-12-16
1
ORAL ORDER: The transcript of the discovery dispute teleconference of 12/17/19 shall serve as the Order of the Court in this matter. ORDERED by Judge Jennifer L. Hall on 12/17/19. (ceg) (Entered: 12/17/2019)
2019-12-17
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 12/17/2019. (*Court Reporter Brian Gaffigan) (ceg)
2019-12-17
1
No Actions
Telephone Conference
2019-12-17
1
No Actions
Order
2019-12-17
1
No Actions
Motions Referred
2019-12-23
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Todd R. Walters - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certificate of Compliance, # 2 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 01/02/2020)
2020-01-02
1
SO ORDERED, re 279 MOTION for Pro Hac Vice Appearance of Attorney Todd R. Walters filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 1/2/20. (ntl)
2020-01-02
1
No Actions
SO ORDERED
2020-01-02
1
No Actions
NOTICE OF SERVICE of 1. Expert Report of Stephen L. Becker, Ph.D. on behalf of Align Technology, Inc.; 2. Opening Expert Report of Kara Singh, Ph.D. Regarding Infringement of U.S. Patent Nos. 9,566,132, 8,545,221 and 8,092,215; 3. Expert Report of Dr. John C. Hart Regarding Infringement of U.S. Patent Nos. 7,056,115 and 8,734,149 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 01/20/2020)
2020-01-20
1
MOTION for Judgment on the Pleadings - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Grivner, Geoffrey) (Entered: 01/22/2020)
2020-01-22
1
OPENING BRIEF in Support re 281 MOTION for Judgment on the Pleadings filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 2/5/2020. (Grivner, Geoffrey) (Entered: 01/22/2020)
2020-01-22
1
MOTION for Pro Hac Vice Appearance of Attorney Mythili Markowski - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Mythili Markowski)(Grivner, Geoffrey) (Entered: 01/23/2020)
2020-01-23
1
MOTION for Pro Hac Vice Appearance of Attorney Roger Lee - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Roger Lee)(Grivner, Geoffrey) (Entered: 01/23/2020)
2020-01-23
1
SO ORDERED, re 283 MOTION for Pro Hac Vice Appearance of Attorney Mythili Markowski filed by 3Shape A/S, 3Shape Inc., 284 MOTION for Pro Hac Vice Appearance of Attorney Roger Lee filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 1/24/20. (ntl)
2020-01-24
1
No Actions
NOTICE: Per Judge Stark's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and one (1) copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office one (1) copy of D.I. 282. (ntl)
2020-01-24
1
No Actions
Deficiency re Courtesy Copies (LPS cases)
2020-01-24
1
No Actions
SO ORDERED
2020-01-24
1
No Actions
Letter to The Honorable Christopher J. Burke from Jeff Castellano regarding defendants motion for protective order. (Castellano, Jeffrey) (Entered: 01/28/2020)
2020-01-28
1
NOTICE of Withdrawal of Certain Pro Hac Vice Counsel by 3Shape A/S, 3Shape Inc. (Grivner, Geoffrey) (Entered: 01/29/2020)
2020-01-29
1
ORAL ORDER: The Court, having reviewed Plaintiff's January 28, 2020 letter, (D.I. (285 in 1:17-cv-01647-LPS, 324 in 1:17-cv-01646-LPS), hereby notes that it expects to issue its decision on the protective order dispute by no later than February 3, 2020.Ordered by Judge Christopher J. Burke on 1/29/2020. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc) (Entered: 01/29/2020)
2020-01-29
1
Joint STIPULATION TO EXTEND TIME to file Daubert motions and briefs to February 14, 2020 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/29/2020)
2020-01-29
1
Oral Order
2020-01-29
1
No Actions
MOTION for Summary Judgment OF INVALIDITY UNDER 35 USC 112(1) OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
[SEALED] OPENING BRIEF in Support re 289 MOTION for Summary Judgment OF INVALIDITY UNDER 35 USC 112(1) OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 2/14/2020. (Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
MOTION for Summary Judgment OF NON-INFRINGEMENT OF US PATENT NOS. 8,092,215, 8,545,221 AND 9,566,132 - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
[SEALED] OPENING BRIEF in Support re 291 MOTION for Summary Judgment OF NON-INFRINGEMENT OF US PATENT NOS. 8,092,215, 8,545,221 AND 9,566,132 filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 2/14/2020. (Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
MOTION for Summary Judgment OF INVALIDITY FOR FAILURE TO CLAIM PATENT-ELIGIBLE SUBJECT MATTER OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
[SEALED] OPENING BRIEF in Support re 293 MOTION for Summary Judgment OF INVALIDITY FOR FAILURE TO CLAIM PATENT-ELIGIBLE SUBJECT MATTER OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 2/14/2020. (Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
APPENDIX re 291 MOTION for Summary Judgment OF NON-INFRINGEMENT OF US PATENT NOS. 8,092,215, 8,545,221 AND 9,566,132, 293 MOTION for Summary Judgment OF INVALIDITY FOR FAILURE TO CLAIM PATENT-ELIGIBLE SUBJECT MATTER OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115, 289 MOTION for Summary Judgment OF INVALIDITY UNDER 35 USC 112(1) OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
DECLARATION re 291 MOTION for Summary Judgment OF NON-INFRINGEMENT OF US PATENT NOS. 8,092,215, 8,545,221 AND 9,566,132, 293 MOTION for Summary Judgment OF INVALIDITY FOR FAILURE TO CLAIM PATENT-ELIGIBLE SUBJECT MATTER OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115, 289 MOTION for Summary Judgment OF INVALIDITY UNDER 35 USC 112(1) OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 01/31/2020)
2020-01-31
1
MEMORANDUM ORDER regarding D.I. (145 in 1:17-cv-01646-LPS, 138 in 1:17-cv-01647-LPS) Joint MOTION for Discovery Dispute Resolution Teleconference filed by 3Shape A/S, 3Shape Inc.. Signed by Judge Christopher J. Burke on 2/3/2020.This order has been emailed to local counsel. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc) Document unsealed 2/12/20 Modified on 2/12/2020 (dlb). (Entered: 02/03/2020)
2020-02-03
1
SO ORDERED
2020-02-03
1
No Actions
SO ORDERED, re 288 Joint Stipulation to Extend Time to file Daubert motions and opening briefs to February 14, 2020. Answering briefs shall be filed on February 21, 2020. No reply briefs shall be filed. ORDERED by Judge Jennifer L. Hall on 2/3/2020. (ceg)
2020-02-03
1
No Actions
NOTICE of filing the following document(s) in paper format: Exhibits 1 through 34 of Defendants' Motions for Summary Judgment. Original document(s) to be filed with the Clerk's Office. Notice filed by Geoffrey Graham Grivner on behalf of 3Shape A/S, 3Shape Inc. (Grivner, Geoffrey) (Entered: 02/04/2020)
2020-02-04
1
[SEALED] EXHIBITS re D.I.'s 291, 293, 289 . Exhibits listed in D.I. 295 Appendix - filed by 3Shape A/S, 3Shape Inc. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22, # 22 Exhibit 23, # 23 Exhibit 24, # 24 Exhibit 25, # 25 Exhibit 26, # 26 Exhibit 27, # 27 Exhibit 28, # 28 Exhibit 29, # 29 Exhibit 30, # 30 Exhibit 31, # 31 Exhibit 32, # 32 Exhibit 33, # 33 Exhibit 34) (lak) (Attachment 12 replaced on 8/11/2020) (rwc). (Attachment 13 replaced on 8/11/2020) (rwc). (Entered: 02/04/2020)
2020-02-04
1
ANSWERING BRIEF in Opposition re 281 MOTION for Judgment on the Pleadings filed by Align Technology, Inc..Reply Brief due date per Local Rules is 2/12/2020. (Castellano, Jeffrey) (Entered: 02/05/2020)
2020-02-05
1
DECLARATION re 300 Answering Brief in Opposition (Declaration of Eric E. Kuo) by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/05/2020)
2020-02-05
1
ORAL ORDER: IT IS HEREBY ORDERED that a Telephone Conference is set for 2/11/2020 at 4:30 PM. Counsel for Align shall initiate the call to (302) 573-4571. ORDERED by Judge Leonard P. Stark on 2/7/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 02/07/2020)
2020-02-07
1
Order Setting Teleconference
2020-02-07
1
No Actions
NOTICE OF SERVICE of 1) Rebuttal Expert Report of Dr. Karan Singh Regarding Validity of U.S. Patent Nos. 9,566,132; 8,545,221; and 8,092,215 2) Rebuttal Expert Report of Dr. John C. Hart Regarding Validity of United States Patent Nos. 7,056,115 and 8,734,149 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 02/10/2020)
2020-02-10
1
NOTICE OF SERVICE of Expert Reports filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey) (Entered: 02/10/2020)
2020-02-10
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 2/11/2020. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
2020-02-11
1
No Actions
REPLY BRIEF re 281 MOTION for Judgment on the Pleadings filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 02/12/2020)
2020-02-12
1
Telephone Conference
2020-02-12
1
No Actions
STIPULATION to Extend Various Deadlines by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/13/2020)
2020-02-13
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding the parties' trial scheduling preferences. (Castellano, Jeffrey) (Entered: 02/13/2020)
2020-02-13
1
Official Transcript of Telephone Conference held on February 11, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/6/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/14/2020. (bpg) (Entered: 02/14/2020)
2020-02-14
1
Letter to the Honorable Leonard P. Stark from Jeff Castellano regarding May trial dates - re (376 in 1:17-cv-01646-LPS, 307 in 1:17-cv-01647-LPS) Letter. (Castellano, Jeffrey) (Entered: 02/14/2020)
2020-02-14
1
Joint Letter to the Honorable Leonard P. Stark from Jeff Castellano regarding trial dates. (Castellano, Jeffrey) (Entered: 02/17/2020)
2020-02-17
1
Emergency MOTION to Stay of Order Denying Motion for Protective Order - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 02/18/2020)
2020-02-18
1
[SEALED] REPLY BRIEF re 311 Emergency MOTION to Stay of Order Denying Motion for Protective Order filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A)(Grivner, Geoffrey) (Entered: 02/18/2020)
2020-02-18
1
[SEALED] OBJECTIONS by 3Shape A/S, 3Shape Inc. to 297 Memorandum and Order, . (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Grivner, Geoffrey) (Entered: 02/18/2020)
2020-02-18
1
ORAL ORDER: Having reviewed the parties' submissions relating to scheduling, including the most recent letter of February 14 (see C.A. No. 17-1646 D.I. 378), IT IS HEREBY ORDERED that the following schedule shall govern further proceedings in these two actions: (1) for C.A. No. 17-1646, (a) argument on all then-pending motions and objections will be held on April 24 beginning at 1:00 p.m., with each side allocated 90 minutes for its argument; (b) the proposed pretrial order ("PTO") is due on July 10; (c) the pretrial conference ("PTC") will be held on July 17 at 3:00 p.m.; and (d) a jury trial will be held between August 5 and 18; and (2) for C.A. No. 17-1647, (a) argument on all then-pending motions and objections will be held on October 6 at 1:00 p.m., with each side allocated 90 minutes for its argument; (b) the PTO is due on November 13; (c) the PTC will be held on November 20 at 4:00 p.m.; and (d) a jury trial will be held between November 30 and December 8. ORDERED by Judge Leonard P. Stark on 2/19/20. (ntl) (Entered: 02/19/2020)
2020-02-19
1
REDACTED VERSION of 290 Opening Brief in Support, by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 02/19/2020)
2020-02-19
1
REDACTED VERSION of 292 Opening Brief in Support, by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 02/19/2020)
2020-02-19
1
REDACTED VERSION of 294 Opening Brief in Support, by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 02/19/2020)
2020-02-19
1
REDACTED VERSION of 296 Declaration,, 299 Exhibit to a Document,,, 295 Appendix,, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit)(Grivner, Geoffrey) (Entered: 02/19/2020)
2020-02-19
1
Order
2020-02-19
1
No Actions
~Util - Set Deadlines/Hearings
2020-02-19
1
No Actions
ORAL ORDER: Having reviewed Defendants' emergency motion for a stay of Judge Burke's order denying Defendants' motion for a protective order (see C.A. No. 17-1646 D.I. 337), IT IS HEREBY ORDERED that Defendants' motion for a stay (C.A. No. 17-1646 D.I. 355; C.A. No. 17-1647 D.I. 311) is GRANTED but only until the Court rules on the pending objections (see C.A. No. 17-1646 D.I 394). The Court will endeavor to rule on the objections as soon as it can after Plaintiff files its response, which Plaintiff is of course free to do at any time before its deadline of March 3. ORDERED by Judge Leonard P. Stark on 2/20/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 02/20/2020)
2020-02-20
1
SO ORDERED, re 306 Stipulation to Modify Briefing and Expert Schedule filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 2/20/20. (ntl)
2020-02-20
1
No Actions
Order
2020-02-20
1
No Actions
SO ORDERED
2020-02-20
1
No Actions
ANSWERING BRIEF in Opposition re 293 MOTION for Summary Judgment OF INVALIDITY FOR FAILURE TO CLAIM PATENT-ELIGIBLE SUBJECT MATTER OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 filed by Align Technology, Inc..Reply Brief due date per Local Rules is 2/28/2020. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
DECLARATION re 320 Answering Brief in Opposition, (Declaration of Eric E. Kuo) by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
ANSWERING BRIEF in Opposition re 289 MOTION for Summary Judgment OF INVALIDITY UNDER 35 USC 112(1) OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 filed by Align Technology, Inc..Reply Brief due date per Local Rules is 2/28/2020. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
[SEALED] ANSWERING BRIEF in Opposition re 291 MOTION for Summary Judgment OF NON-INFRINGEMENT OF US PATENT NOS. 8,092,215, 8,545,221 AND 9,566,132 filed by Align Technology, Inc..Reply Brief due date per Local Rules is 2/28/2020. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
[SEALED] DECLARATION re 323 Answering Brief in Opposition, (Declaration of Richard S.J. Hung) by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
[SEALED] DECLARATION re 322 Answering Brief in Opposition, 320 Answering Brief in Opposition, 323 Answering Brief in Opposition, (Declaration of Shaelyn K. Dawson) by Align Technology, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
NOTICE of filing the following Non-Paper material(s) in multi media format: Excel files re SEALED Exhibits 2, 3 and 12 to the February 21, 2020 Declaration of Shaelyn K. Dawson. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Jeffrey Thomas Castellano on behalf of Align Technology, Inc. (Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
[SEALED] MULTI MEDIA DOCUMENT filed by Align Technology, Inc. in the form of a CD. Filing related to 325 Declaration, 326 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 02/25/2020)
2020-02-25
1
Multi Media Document
2020-02-25
1
No Actions
RESPONSE TO OBJECTIONS by Align Technology, Inc. re (394 in 1:17-cv-01646-LPS) Objections, (313 in 1:17-cv-01647-LPS) Objections, . (Castellano, Jeffrey) (Entered: 02/27/2020)
2020-02-27
1
REDACTED VERSION of 323 Answering Brief in Opposition, (re MOTION for Summary Judgment OF NON-INFRINGEMENT OF US PATENT NOS. 8,092,215, 8,545,221 AND 9,566,132) by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 02/28/2020)
2020-02-28
1
REDACTED VERSION of 324 Declaration (Declaration of Richard S.J. Hung) by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/28/2020)
2020-02-28
1
REDACTED VERSION of 325 Declaration,, (Declaration of Shaelyn K. Dawson) by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/28/2020)
2020-02-28
1
NOTICE OF SERVICE of 1) Reply Expert Report of Stephen L. Becker, Ph.D. on behalf of Align Technology, Inc. 2) Reply Expert Report of Dr. John C. Hart Regarding Infringement of United States Patent Nos. 7,056,115 and 8,734,149 3) Reply Expert Report of Dr. Karan Singh Regarding Infringement of U.S. Patent Nos. 9,566,132; 8,545,221; and 8,092,215 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/02/2020)
2020-03-02
1
[SEALED] REPLY BRIEF re 291 MOTION for Summary Judgment OF NON-INFRINGEMENT OF US PATENT NOS. 8,092,215, 8,545,221 AND 9,566,132 filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 03/06/2020)
2020-03-06
1
[SEALED] REPLY BRIEF re 289 MOTION for Summary Judgment OF INVALIDITY UNDER 35 USC 112(1) OR IN THE ALTERNATIVE NON-INFRINGEMENT OF THE ASSERTED CLAIMS OF US PATENT NOS 8,734,149 AND 7,056,115 filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 03/06/2020)
2020-03-06
1
[SEALED] REPLY BRIEF re 293 MOTION for Summary Judgment filed by 3Shape A/S, 3Shape Inc. (Grivner, Geoffrey) Modified on 3/16/2020 (ntl). (Entered: 03/06/2020)
2020-03-06
1
[SEALED] APPENDIX re 333 Reply Brief, 334 Reply Brief, 335 Reply Brief by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Appendix, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Grivner, Geoffrey) (Entered: 03/06/2020)
2020-03-06
1
REDACTED VERSION of 312 Reply Brief by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit)(Grivner, Geoffrey) (Entered: 03/10/2020)
2020-03-10
1
REDACTED VERSION of 313 Objections, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Grivner, Geoffrey) (Entered: 03/10/2020)
2020-03-10
1
ORDER Setting Mediation Conference: A Telephone Conference is set for 3/23/2020 at 10:15 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/11/2020. (dlb) (Entered: 03/11/2020)
2020-03-11
1
STIPULATION TO EXTEND TIME of Expert Discovery Cutoff to June 1, 2020 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 03/12/2020)
2020-03-12
1
MOTION to Preclude - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Text of Proposed Order)(Grivner, Geoffrey) (Entered: 03/13/2020)
2020-03-13
1
[SEALED] OPENING BRIEF in Support re 341 MOTION to Preclude filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 3/27/2020. (Attachments: # 1 Appendix, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Grivner, Geoffrey) (Entered: 03/13/2020)
2020-03-13
1
REDACTED VERSION of 334 Reply Brief, by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 03/13/2020)
2020-03-13
1
REDACTED VERSION of 333 Reply Brief by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) (Entered: 03/13/2020)
2020-03-13
1
REDACTED VERSION of 335 Reply Brief by 3Shape A/S, 3Shape Inc. (Grivner, Geoffrey) Modified on 3/16/2020 (ntl). (Entered: 03/13/2020)
2020-03-13
1
REDACTED VERSION of 336 Appendix, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Grivner, Geoffrey) (Entered: 03/13/2020)
2020-03-13
1
Letter to Honorable Leonard P. Stark from Geoffrey G. Grivner regarding Hearing Schedule. (Grivner, Geoffrey) (Entered: 03/19/2020)
2020-03-19
1
MOTION for Pro Hac Vice Appearance of Attorney Rebecca Weinstein Bacon, Reid M. Bolton, Mark L. Levine, Anastasiya Maione, and John M. Hughes - filed by Align Technology, Inc.. (Shaw, John) (Entered: 03/23/2020)
2020-03-23
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding 3Shapes request to hear its patent-eligibility motions on the same date. (Castellano, Jeffrey) (Entered: 03/23/2020)
2020-03-23
1
MOTION for Pro Hac Vice Appearance of Attorney Thomas A. Counts - filed by Align Technology, Inc.. (Shaw, John) (Entered: 03/24/2020)
2020-03-24
1
SO ORDERED
2020-03-26
1
No Actions
SO ORDERED, re (412 in 1:17-cv-01646-LPS, 350 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Thomas A. Counts filed by Align Technology, Inc., (348 in 1:17-cv-01647-LPS, 410 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Rebecca Weinstein Bacon, Reid M. Bolton, Mark L. Levine, Anastasiya Maione, and John M. Hughes filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 3/26/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
2020-03-26
1
No Actions
REDACTED VERSION of 342 Opening Brief in Support, by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Appendix, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Grivner, Geoffrey) (Entered: 03/27/2020)
2020-03-27
1
[SEALED] ANSWERING BRIEF in Opposition re 341 MOTION to Preclude filed by Align Technology, Inc..Reply Brief due date per Local Rules is 4/3/2020. (Castellano, Jeffrey) (Entered: 03/27/2020)
2020-03-27
1
[SEALED] DECLARATION re 352 Answering Brief in Opposition (Declaration of Shaelyn K. Dawson) by Align Technology, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Castellano, Jeffrey) (Entered: 03/27/2020)
2020-03-27
1
- Transcript
2020-03-30
1
NOTICE OF SUBSTITUTION OF COUNSEL re All Defendants : Entry of appearance of attorney James Harry Stone Levine. Attorney Geoffrey G. Grivner terminated. (Levine, James Harry) (Entered: 03/30/2020)
2020-03-30
1
MOTION for Pro Hac Vice Appearance of Attorney Goutam Patnaik, Esq. - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of Goutam Patnaik, # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 03/30/2020)
2020-03-30
1
MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of David J. Shaw, # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 03/30/2020)
2020-03-30
1
Add Attorneys - PHV only
2020-03-30
1
No Actions
Pro Hac Vice Attorneys John M. Hughes, Rebecca Weinstein Bacon, Reid M. Bolton, Mark L. Levine, Anastasiya Maione, Thomas A. Counts for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(kmd)
2020-03-30
1
No Actions
SO ORDERED
2020-03-31
1
No Actions
SO ORDERED, re 357 MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw filed by 3Shape A/S, 3Shape Inc., 356 MOTION for Pro Hac Vice Appearance of Attorney Goutam Patnaik, Esq. filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 3/31/20. (ntl)
2020-03-31
1
No Actions
Add Attorneys - PHV only
2020-04-02
1
No Actions
- CORRECTING ENTRY
2020-04-02
1
No Actions
SO ORDERED
2020-04-02
1
No Actions
Set/Reset Scheduling Order Deadlines
2020-04-02
1
No Actions
SO ORDERED, 340 Stipulation to Extend Time of Expert Discovery Cutoff to June 1, 2020 filed by 3Shape A/S, 3Shape Inc. (*Reset Scheduling Order Deadlines: Expert Discovery due by 6/1/2020). ORDERED by Judge Jennifer L. Hall on 4/2/2020. (ceg)
2020-04-02
1
No Actions
CORRECTING ENTRY: Official Transcript of Telephone Conference held on March 24, 2020 before Judge Jennifer L. Hall (formally D.I. 354) was removed from the docket. Transcript pertains to C.A. Nos. 17-1648 and 18-1949 only. (ceg)
2020-04-02
1
No Actions
Pro Hac Vice Attorneys Goutam Patnaik and David J. Shaw for 3Shape A/S and 3Shape Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS(kmd)
2020-04-02
1
No Actions
REPLY BRIEF re 341 MOTION to Preclude / 3Shape's Reply Brief in Support of Daubert Motion to Exclude Testimony of Karan Singh and John Hart filed by 3Shape A/S, 3Shape Inc.. (Levine, James Harry) (Entered: 04/03/2020)
2020-04-03
1
REDACTED VERSION of 352 Answering Brief in Opposition re 341 MOTION to Preclude by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 04/03/2020)
2020-04-03
1
REDACTED VERSION of 353 Declaration, re 352 Answering Brief in Opposition (Declaration of Shaelyn K. Dawson) by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 04/03/2020)
2020-04-03
1
MOTION for Pro Hac Vice Appearance of Attorney Daniel C. Taylor - filed by Align Technology, Inc.. (Shaw, John) (Entered: 04/07/2020)
2020-04-07
1
SO ORDERED
2020-04-07
1
No Actions
SO ORDERED, re 361 MOTION for Pro Hac Vice Appearance of Attorney Daniel C. Taylor filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 4/7/20. (ntl)
2020-04-07
1
No Actions
NOTICE of Change of Address and Firm Affiliation of Kimberly E. Coghill, Esq. by 3Shape A/S, 3Shape Inc. (Levine, James Harry) (Entered: 04/09/2020)
2020-04-09
1
NOTICE of Change of Address and Firm Affiliation of Bryan J. Cannon, Esq. by 3Shape A/S, 3Shape Inc. (Levine, James Harry) (Entered: 04/09/2020)
2020-04-09
1
MOTION for Pro Hac Vice Appearance of Attorney Gregory D. Len, Esq. - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of Gregory D. Len, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/13/2020)
2020-04-13
1
MOTION for Pro Hac Vice Appearance of Attorney Tuhin Ganguly, Esq. - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of Tuhin Ganguly, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/14/2020)
2020-04-14
1
SO ORDERED
2020-04-14
1
No Actions
SO ORDERED, re 364 MOTION for Pro Hac Vice Appearance of Attorney Gregory D. Len, Esq. filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 4/14/20. (ntl)
2020-04-14
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney William D. Belanger, Esq. - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of William D. Belanger, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/15/2020)
2020-04-15
1
MEMORANDUM ORDER: IT IS HEREBY ORDERED that 3Shape's Objections to Judge Burke's Memorandum Order (D.I. 337 ) are OVERRULED, the Order is ADOPTED, and 3Shape's motion for a protective order remains DENIED. Signed by Judge Leonard P. Stark on 4/15/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 04/15/2020)
2020-04-15
1
SO ORDERED
2020-04-15
1
No Actions
SO ORDERED, re 365 MOTION for Pro Hac Vice Appearance of Attorney Tuhin Ganguly, Esq. filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 4/15/20. (ntl)
2020-04-15
1
No Actions
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Joint Status Report. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Shaw, John) (Entered: 04/17/2020)
2020-04-17
1
Add Attorneys - PHV only
2020-04-17
1
No Actions
SO ORDERED
2020-04-17
1
No Actions
Pro Hac Vice Attorney Tuhin Ganguly for 3Shape A/S, 3Shape Inc., 3Shape Trios A/S added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS, 1:18-cv-01950-LPS(kmd)
2020-04-17
1
No Actions
SO ORDERED, re 366 MOTION for Pro Hac Vice Appearance of Attorney William D. Belanger, Esq. filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 4/17/20. (ntl)
2020-04-17
1
No Actions
Letter to The Honorable Leonard P. Stark from James H. S. Levine regarding Supplementing Position - re 368 Letter,. (Levine, James Harry) (Entered: 04/20/2020)
2020-04-20
1
Letter to The Honorable Leonard P. Stark from James H. S. Levine regarding Supplement Re: Scope. (Attachments: # 1 OShaughnessy Declaration, # 2 Jacobs Declaration)(Levine, James Harry) (Entered: 04/20/2020)
2020-04-20
1
MOTION for Pro Hac Vice Appearance of Attorney Brittanee L. Petrik, Esq. - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of Brittanee L. Petrik, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/23/2020)
2020-04-23
1
Add Attorneys - PHV only
2020-04-23
1
No Actions
Pro Hac Vice Attorney William D. Belanger for 3Shape A/S, 3Shape Inc., 3Shape Trios A/S added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS et al.(kmd)
2020-04-23
1
No Actions
Pro Hac Vice Attorney Gregory D. Len for 3Shape A/S, 3Shape Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak)
2020-04-23
1
No Actions
SO ORDERED
2020-04-24
1
No Actions
SO ORDERED, re 371 MOTION for Pro Hac Vice Appearance of Attorney Brittanee L. Petrik, Esq. filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 4/24/20. (ntl)
2020-04-24
1
No Actions
ORAL ORDER: Having reviewed the parties' joint status report (C.A. No. 17-16146 D.I. 426) and supplemental letter (D.I. 428), IT IS HEREBY ORDERED that: (1) 3Shape shall file an additional letter, not to exceed three pages, addressing the points noted below (and anything else it wishes, subject to the page limit), due tomorrow, April 28; (2) Align shall file a responsive letter, not to exceed three pages, due April 29; and (3) the Court will hold a teleconference with the parties on April 30 at 3:15 p.m. Counsel for Align shall set up the call and shall provide the call-in information to Chambers. The parties' letters shall address, at minimum: (a) whether 3Shape is contending that (even assuming all the litigation relating to the protective order expressly concerned only 61 documents, and even if the Court were persuaded that counsel for 3Shape did not make repeated representations at least suggesting additional documents were implicated) it has no other responsive, non-privileged documents that should be produced, assuming the Court were to apply the same reasoning it has already articulated to those additional documents; (b) how soon 3Shape should be ordered to produce such additional documents, if the Court decides to order such production; and (c) why the Court should not order 3Shape to pay the costs Align incurs in connection with forthcoming depositions that 3Shape proposed to provisionally take during the pendency of the protective order dispute and 3Shape refused to do. ORDERED by Leonard P. Stark on 4/27/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl) (Entered: 04/27/2020)
2020-04-27
1
Order Setting Teleconference
2020-04-27
1
No Actions
Add Attorneys - PHV only
2020-04-27
1
No Actions
Pro Hac Vice Attorney Brittanee L. Petrik for 3Shape A/S,for 3Shape Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
2020-04-27
1
No Actions
Letter to The Honorable Leonard P. Stark from James H. Levine regarding Additional Letter Addressing The Points Identified In The Courts April 27, 2020 Oral Order - re 372 Order Setting Teleconference,,,,,,. (Levine, James Harry) (Entered: 04/28/2020)
2020-04-28
1
Letter to The Honorable Leonard P. Stark from John W. Shaw. (Shaw, John) (Entered: 04/29/2020)
2020-04-29
1
[SEALED] Official Transcript of Telephone Conference held on April 30, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net.(bpg) Modified on 6/5/2020 (ntl). (Entered: 04/30/2020)
2020-04-30
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 4/30/2020. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
2020-04-30
1
No Actions
Telephone Conference
2020-05-01
1
No Actions
Joint STIPULATION TO EXTEND TIME to Conduct Expert Discovery to July 1, 2020 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 05/07/2020)
2020-05-07
1
SO ORDERED
2020-05-11
1
No Actions
SO ORDERED, re 376 Joint STIPULATION TO EXTEND TIME to Conduct Expert Discovery to July 1, 2020 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 5/8/20. (ntl)
2020-05-11
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Steven E. Derringer, Sundeep K. (Rob) Addy, Katherine L.I. Hacker and Joseph C. Smith - filed by Align Technology, Inc.. (Shaw, John) (Entered: 05/15/2020)
2020-05-15
1
Add Attorneys - PHV only
2020-05-15
1
No Actions
SO ORDERED
2020-05-15
1
No Actions
SO ORDERED, re 377 MOTION for Pro Hac Vice Appearance of Attorney Steven E. Derringer, Sundeep K. (Rob) Addy, Katherine L.I. Hacker and Joseph C. Smith filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 5/15/20. (ntl)
2020-05-15
1
No Actions
Pro Hac Vice Attorneys Steven E. Derringer, Sundeep Kumar (Rob) Addy, Katherine L.I. Hacker, Joseph C. Smith, Jr for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(kmd)
2020-05-15
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney William D. Gohl - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 05/18/2020)
2020-05-18
1
SO ORDERED
2020-05-18
1
No Actions
SO ORDERED, re 378 MOTION for Pro Hac Vice Appearance of Attorney William D. Gohl filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 5/18/20. (ntl)
2020-05-18
1
No Actions
NOTICE to Take Deposition of Mads Demenikov on May 25, 2020 at 4:00 a.m. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/19/2020)
2020-05-19
1
NOTICE to Take Deposition of Kristian Woller on May 25, 2020 at 7:00 a.m. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/19/2020)
2020-05-19
1
NOTICE to Take Deposition of Karl Hollenbeck on May 25, 2020 at 10:00 a.m. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/19/2020)
2020-05-19
1
NOTICE to Take Deposition of Rasmus Kjaer on May 27, 2020 at 6:00 a.m. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/19/2020)
2020-05-19
1
NOTICE to Take Deposition of Sebastian Kuld on May 28, 2020 at 6:00 a.m. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/19/2020)
2020-05-19
1
NOTICE to Take Deposition of Arun Negi on May 28, 2020 at 8:00 a.m. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/19/2020)
2020-05-19
1
NOTICE to Take Deposition of Hilal Lavik on May 29, 2020 at 8:00 a.m. filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/19/2020)
2020-05-19
1
Add Attorneys - PHV only
2020-05-19
1
No Actions
Pro Hac Vice Attorney William D. Gohl for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
2020-05-19
1
No Actions
NOTICE OF SERVICE of DEFENDANTS 3SHAPE A/S AND 3SHAPE INC.'S FOURTH SUPPLEMENTAL OBJECTIONS AND RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES (NOS.1-18) filed by 3Shape A/S, 3Shape Inc..(Levine, James Harry) (Entered: 05/21/2020)
2020-05-21
1
MOTION to Redact (375 in 1:17-cv-01647-LPS, 433 in 1:17-cv-01646-LPS) Transcript,, / Defendants 3Shape A/S And 3Shape, Inc.'s Unopposed Motion To Redact Transcript - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Exhibit A - (4-30-20 Conference Transcript Proposed Redactions))(Levine, James Harry) (Entered: 06/02/2020)
2020-06-02
1
SO ORDERED
2020-06-05
1
No Actions
SO ORDERED, re (387 in 1:17-cv-01647-LPS, 457 in 1:17-cv-01646-LPS) MOTION to Redact (375 in 1:17-cv-01647-LPS, 433 in 1:17-cv-01646-LPS) Transcript filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 6/4/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
2020-06-05
1
No Actions
Redaction of 375 Transcript. Official Transcript of Telephone Conference held on April 30, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. (bpg) (Entered: 06/08/2020)
2020-06-08
1
NOTICE to Take Deposition of Philip Green on June 16, 2020 at 10:00 a.m. filed by Align Technology, Inc..(Shaw, John) (Entered: 06/09/2020)
2020-06-09
1
NOTICE to Take Deposition of John Philip Mellor on June 17, 2020 at 10:00 a.m. filed by Align Technology, Inc..(Shaw, John) (Entered: 06/09/2020)
2020-06-09
1
NOTICE to Take Deposition of Martin G. Martz on June 23, 2020 at 12:00 p.m. filed by Align Technology, Inc..(Shaw, John) (Entered: 06/09/2020)
2020-06-09
1
NOTICE to Take Deposition of Edward J. Delp on June 25, 2020 at 10:00 a.m. filed by Align Technology, Inc..(Shaw, John) (Entered: 06/09/2020)
2020-06-09
1
NOTICE to Take Deposition of John Hart on 06/19/2020 filed by 3Shape A/S, 3Shape Inc..(Levine, James Harry) (Entered: 06/10/2020)
2020-06-10
1
NOTICE to Take Deposition of Karan Singh on 06/12/2020 filed by 3Shape A/S, 3Shape Inc..(Levine, James Harry) (Entered: 06/10/2020)
2020-06-10
1
NOTICE to Take Deposition of Stephen L. Becker on 06/23/2020 filed by 3Shape A/S, 3Shape Inc..(Levine, James Harry) (Entered: 06/10/2020)
2020-06-10
1
MOTION for Pro Hac Vice Appearance of Attorney Scott F. Llewellyn, Aleksandra E. Eklund, and Yuqing Cui - filed by Align Technology, Inc.. (Shaw, John) (Entered: 06/10/2020)
2020-06-10
1
MOTION for Pro Hac Vice Appearance of Attorney Michael J. Valaik - filed by Align Technology, Inc.. (Shaw, John) (Entered: 06/11/2020)
2020-06-11
1
SO ORDERED
2020-06-11
1
No Actions
SO ORDERED, re 396 MOTION for Pro Hac Vice Appearance of Attorney Scott F. Llewellyn, Aleksandra E. Eklund, and Yuqing Cui filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/11/20. (ntl)
2020-06-11
1
No Actions
Add Attorneys - PHV only
2020-06-15
1
No Actions
SO ORDERED
2020-06-15
1
No Actions
SO ORDERED, re 397 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Valaik filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/15/20. (ntl)
2020-06-15
1
No Actions
Pro Hac Vice Attorney Michael J. Valaik for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01647-LPS, 1:17-cv-01646-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS(sam)
2020-06-15
1
No Actions
NOTICE of Change of Firm Address by Align Technology, Inc. (Shaw, John) (Entered: 06/23/2020)
2020-06-23
1
NOTICE to Take Deposition of Nikolaj Deichmann on July 1, 2020 filed by Align Technology, Inc..(Shaw, John) (Entered: 06/26/2020)
2020-06-26
1
NOTICE OF SERVICE of Supplemental Sur-Reply Expert Report of Dr. Karan Singh Regarding Validity of U.S. Patent Nos. 9,566,132; 8,545,221 and 8,092,215 [Highly Confidential- Attorneys Eyes Only] filed by Align Technology, Inc..(Shaw, John) (Entered: 07/01/2020)
2020-07-01
1
NOTICE of Change of Contact Information by 3Shape A/S, 3Shape Inc. (Levine, James Harry) (Entered: 07/01/2020)
2020-07-01
1
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding request to schedule a Discovery Teleconference. (Levine, James Harry) (Entered: 07/03/2020)
2020-07-03
1
ORAL ORDER: Having received the parties' July 3, 2020 letter regarding discovery disputes, it is HEREBY ORDERED that the parties shall file a Motion for Teleconference to Resolve Discovery Disputes. The suggested text for this motion can be found in Magistrate Judge Hall's section of the Court's website, in the "Forms" tab. The motion shall set forth the parties' availability for a teleconference the week of July 20, 2020. ORDERED by Judge Jennifer L. Hall on 7/6/2020. Associated Cases: 1:17-cv-01646-LPS et al.(ceg) (Entered: 07/06/2020)
2020-07-06
1
ORAL ORDER: IT IS HEREBY ORDERED that: (i) trial in 17-1646 is CONTINUED and will be held beginning on November 30, 2020, with a pretrial conference on November 20, 2020 at 4:00 p.m. and the proposed pretrial order due on November 13; (ii) trial in 17-1647 is CONTINUED to a DATE TO BE DETERMINED, as are the dates in that matter for the pretrial conference and pretrial order; (iii) trial in 18-886 remains on the Court's calendar for April 2021, trial in 17-1648 remains on the Court's calendar for November 8, 2021, and trial in 18-1949 remains on the Court's calendar for February 7, 2022, but the parties must understand that any number of previously unforeseen and now unpredictable circumstances may well result in the Court being unable to devote its scarce resources to conducting five separate trials between these same parties over the next 19 months or so; (iv) the Court will hear argument, by teleconference, on the motions pending in 17-1647 (D.I. 281, 289, 291, 293, 341), on August 11 at 4:00 p.m., with each side allocated an hour for argument - the parties shall submit electronic versions of any slides/demonstratives they wish to use in their presentations no later than 4:00 p.m. on August 10, and the parties and any member of the public shall use the following call-in information: 877-336-1829 and the access code 1408971; and (v) the parties shall meet and confer and, no later than July 13, submit a joint status report in all of the above-listed cases, advising the Court of any other issues they wish in connection with how these various actions should now proceed. ORDERED by Judge Leonard P. Stark on 7/6/20. (ntl) (Entered: 07/06/2020)
2020-07-06
1
1 - Terminate Deadlines and Hearings AND Order Setting Teleconference
2020-07-06
1
No Actions
Order
2020-07-06
1
No Actions
Joint MOTION for Discovery /JOINT MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTES - filed by 3Shape A/S, 3Shape Inc., 3Shape Manufacturing US, LLC, 3Shape Trios A/S. (Levine, James Harry) (Entered: 07/07/2020)
2020-07-07
1
ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Disputes (C.A. No. 17-1646 D.I. 476; C.A. No. 17-1647 D.I. 405; C.A. No. 17-1648 D.I. 82; C.A. No. 18-886 D.I. 220; C.A. No. 18-1949 D.I. 104). A discovery dispute teleconference is scheduled for July 22, 2020 at 11:00 AM Eastern Time before Judge Jennifer L. Hall. By no later than July 14, 2020 the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later July 17, 2020, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel for Plaintiff shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 7/10/2020. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS(ceg) (Entered: 07/10/2020)
2020-07-10
1
Order Setting Teleconference
2020-07-10
1
No Actions
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding joint status report regarding trial dates and other issues in various actions - re (404 in 1:17-cv-01647-LPS, 404 in 1:17-cv-01647-LPS) Order Setting Teleconference,,,,,,, Terminate Deadlines and Hearings,,,,,, (81 in 1:17-cv-01648-LPS, 102 in 1:18-cv-01949-LPS, 216 in 1:18-cv-00886-LPS) Order,,,,,, (477 in 1:17-cv-01646-LPS) Order Setting Teleconference,,,,, (475 in 1:17-cv-01646-LPS, 475 in 1:17-cv-01646-LPS) Order,,,,,,, Set Deadlines/Hearings,,,,,,. (Shaw, John) (Entered: 07/13/2020)
2020-07-13
1
[SEALED] Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding Align Technology, Inc.'s Discovery Deficiencies. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46)(Levine, James Harry) (Entered: 07/14/2020)
2020-07-14
1
[SEALED] MOTION for Leave to File Supplemental Briefing in Opposition to 3Shape's Motion For Summary Judgment of Non-Infringement - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Aleksandra E. Eklund, # 3 Exhibit 1 to Declaration, # 4 Proposed Supplemental Brief, # 5 Declaration of Aleksandra E. Eklund in Support of Supplemental Brief, # 6 Exhibit 1 to Supplemental Declaration, # 7 Exhibit 2 to Supplemental Declaration, # 8 Exhibit 3 to Supplemental Declaration, # 9 Exhibit 4 to Supplemental Declaration, # 10 Exhibit 5 to Supplemental Declaration, # 11 Exhibit 6 to Supplemental Declaration, # 12 Exhibit 7 to Supplemental Declaration, # 13 Exhibit 8 to Supplemental Declaration, # 14 Exhibit 9 to Supplemental Declaration, # 15 Exhibit 10 to Supplemental Declaration, # 16 Exhibit 11 to Supplemental Declaration, # 17 Exhibit 12 to Supplemental Declaration, # 18 Exhibit 13 to Supplemental Declaration, # 19 Exhibit 14 to Supplemental Declaration)(Castellano, Jeffrey) (Entered: 07/17/2020)
2020-07-17
1
REDACTED VERSION of (479 in 1:17-cv-01646-LPS, 108 in 1:18-cv-01949-LPS, 85 in 1:17-cv-01648-LPS, 228 in 1:18-cv-00886-LPS, 408 in 1:17-cv-01647-LPS) Letter,,,, / Letter to Judge Hall re Align's Discovery Deficiencies by 3Shape A/S, 3Shape Inc., 3Shape Manufacturing US, LLC, 3Shape Trios A/S. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46)(Levine, James Harry) (Entered: 07/21/2020)
2020-07-21
1
ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the July 22, 2020 discovery dispute teleconference shall serve as the Order of the Court. ORDERED by Judge Jennifer L. Hall on 7/22/2020. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS(ceg) (Entered: 07/22/2020)
2020-07-22
1
Discovery Conference
2020-07-22
1
No Actions
Order
2020-07-22
1
No Actions
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 7/22/2020. (*Court Reporter Brian Gaffigan) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS(ceg)
2020-07-22
1
No Actions
Official Transcript of Telephone Conference held on July 22, 2020 before Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020. (bpg) (Entered: 07/24/2020)
2020-07-24
1
REDACTED VERSION of 409 MOTION for Leave to File Supplemental Briefing in Opposition to 3Shape's Motion For Summary Judgment of Non-Infringement by Align Technology, Inc.. (Shaw, John) (Entered: 07/24/2020)
2020-07-24
1
Letter to The Honorable Leonard P. Stark from James H. S. Levine regarding To Withdraw A Portion of 3Shapes Motion For Summary Judgment. (Levine, James Harry) (Entered: 07/27/2020)
2020-07-27
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding 3Shape's letter dated July 27, 2020 withdrawing a portion of 3Shape's Motion for Summary Judgment - re 414 Letter. (Castellano, Jeffrey) (Entered: 07/31/2020)
2020-07-31
1
ORAL ORDER: Having reviewed the parties' letter of July 13, 2020 filed in five civil actions (17-1646, 17-1647, 17-1648, 18-1949, 18-886), IT IS HEREBY ORDERED that: (i) trial in 17-1646 will begin on November 30, 2020, as requested by Align; (ii) the Court will determine which trial will be held in April 2021 sometime after the conclusion of trial in 17-1646. Given the uncertainties created by the ongoing pandemic, and given the many other trials the Court is attempting to reschedule, the Court has determined that it is not reasonable at this time to decide what will happen in Align and 3Shape's many lawsuits until after their first trial is done. IT IS FURTHER ORDERED that the parties shall submit a joint status report by tomorrow, August 5, advising the Court of the status of their dispute as to potential supplemental briefing relating to 3Shape's motion for summary judgment of non-infringement. ORDERED by Judge Leonard P. Stark on 8/4/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS (ntl) (Entered: 08/04/2020)
2020-08-04
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Joint Status Report - re 416 Order,,,,. (Castellano, Jeffrey) (Entered: 08/05/2020)
2020-08-05
1
Order
2020-08-05
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that 409 MOTION for Leave to File Supplemental Briefing in Opposition to 3Shape's Motion For Summary Judgment of Non-Infringement filed by Align Technology, Inc. is DENIED AS MOOT. ORDERED by Judge Leonard P. Stark on 8/6/20. (ntl) (Entered: 08/06/2020)
2020-08-06
1
Order
2020-08-06
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the Telephone Conference on August 11 will begin at 1:30 PM. ORDERED by Judge Leonard P. Stark on 8/10/20. (ntl) (Entered: 08/10/2020)
2020-08-10
1
Order Setting Teleconference
2020-08-10
1
No Actions
Telephone Conference
2020-08-11
1
No Actions
- CORRECTING ENTRY
2020-08-11
1
No Actions
CORRECTING ENTRY: Replaced Sealed Exhibits 13 & 14 to DI 299 per request of filer. (rwc)
2020-08-11
1
No Actions
Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 8/11/2020. (Court Reporter B. Gaffigan.) (ntl)
2020-08-11
1
No Actions
Official Transcript of Telephonic Oral Argument held on August 11, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan,Email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/25/2020. (bpg) (Entered: 08/27/2020)
2020-08-27
1
MOTION for Pro Hac Vice Appearance of Attorney Meg F. Fasulo and Jason C. Murray - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/03/2020)
2020-09-03
1
SO ORDERED
2020-09-04
1
No Actions
SO ORDERED, re (99 in 1:17-cv-01648-LPS, 421 in 1:17-cv-01647-LPS, 281 in 1:18-cv-00886-LPS, 495 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Meg F. Fasulo and Jason C. Murray filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/4/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS (ntl)
2020-09-04
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Amy Gore - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/15/2020)
2020-09-15
1
SO ORDERED
2020-09-15
1
No Actions
SO ORDERED D.I. (497 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Amy Gore filed by Align Technology, Inc., and D.I.(422 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Amy Gore filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 9/15/2020. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
2020-09-15
1
No Actions
Add Attorneys - PHV only
2020-09-16
1
No Actions
Pro Hac Vice Attorney Amy Gore for Align Technology, Inc.,Amy Gore for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mal)
2020-09-16
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Faye E. Paul - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/18/2020)
2020-09-18
1
SO ORDERED
2020-09-21
1
No Actions
SO ORDERED, re (102 in 1:17-cv-01648-LPS) (498 in 1:17-cv-01646-LPS) (292 in 1:18-cv-00886-LPS) (423 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Faye E. Paul filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/21/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS (ntl)
2020-09-21
1
No Actions
Add Attorneys - PHV only
2020-09-22
1
No Actions
Pro Hac Vice Attorney Faye E. Paul for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-01647-LPS, 1:17-cv-01646-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS(kmd)
2020-09-22
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Benjamin R. Montague - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/29/2020)
2020-09-29
1
SO ORDERED
2020-10-01
1
No Actions
SO ORDERED, re (105 in 1:17-cv-01648-LPS, 295 in 1:18-cv-00886-LPS, 424 in 1:17-cv-01647-LPS, 500 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Benjamin R. Montague filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 10/1/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS (ntl)
2020-10-01
1
No Actions
MEMORANDUM ORDER: IT IS HEREBY ORDERED that all five of 3Shape's motions (D.I. 281, 289, 291, 293, 341) are DENIED. Signed by Judge Leonard P. Stark on 10/08/2020. (etg)
2020-10-08
1
ORAL ORDER: Having reviewed the parties' joint status report of October 16, 2020 (C.A. No. 17-1646 D.I. 505), IT IS HEREBY ORDERED that: (i) the jury trial in the 1646 action initiated by Align will begin on April 12, 2021; (ii) a bench trial on the equitable defenses raised by 3Shape in the 1646 action will also be held in April 2021, concurrent with or immediately after the conclusion of the jury trial; (iii) the next trial to be held in this District between these parties will be in the 886 action initiated by 3Shape; (iv) trials in all the other actions between these parties pending in this District will be CONTINUED to dates to be determined after completion of the trials in the 1646 action; and (v) the parties shall meet and confer and, no later than November 20, 2020, submit proposed orders in all of the actions in which this order is being docketed to effectuate today's rulings (e.g., orders setting/resetting/vacating dates and deadlines). The Court's determinations reflect its findings as to the most reasonable and appropriate manner of proceeding considering the totality of circumstances, including: Align has initiated seven separate patent infringement actions in this District against 3Shape, while 3Shape has responded with its own patent infringement and antitrust actions, and the Court believes that all things considered it should try the first of Align's actions followed by the first of 3Shape's actions before deciding how and when to try the remaining actions; the relative progress of each of the parties' cases; that the parties are competitors and are also litigating in other fora (including W.D. Texas, ITC, and PTAB); and the Court's highly constrained resources (especially with respect to its ability to conduct jury trials), particularly during the pandemic. The Court agrees with Align that it would not be prudent "to burden the jury [in the 1646 action] with an additional, unnecessary decision" by requiring an advisory jury verdict on equitable issues. (C.A. No. 17-1646 D.I. 505 at 2) (internal quotation marks omitted) ORDERED by Judge Leonard P. Stark on 11/13/20. Associated Cases: 1:17-cv-01646-LPS et al. (ntl) (Entered: 11/13/2020)
2020-11-13
1
Order
2020-11-13
1
No Actions
Joint PROPOSED ORDER ([Proposed] Scheduling Order) by Align Technology, Inc.. (Attachments: # 1 Letter to The Honorable Leonard P. Stark from Jeff Castellano)(Castellano, Jeffrey) (Entered: 11/20/2020)
2020-11-20
1
SCHEDULING ORDER: IT IS HEREBY ORDERED that trial to be scheduled after completion of trials in the 17-1646 action. Signed by Judge Leonard P. Stark on 11/23/20. (ntl) (Entered: 11/24/2020)
2020-11-24
1
NOTICE requesting Clerk to remove Elizabeth Bernard as co-counsel.. (Castellano, Jeffrey) (Entered: 11/30/2020)
2020-11-30
1
NOTICE requesting Clerk to remove Grant Margeson as co-counsel.. (Castellano, Jeffrey) (Entered: 01/15/2021)
2021-01-15
1
NOTICE of Change of Law Firm Affiliation for Goutam Patnaik, Esq. by 3Shape A/S, 3Shape Inc. (Levine, James Harry) (Entered: 03/11/2021)
2021-03-11
1
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent 3Shape Holding A/S for 3Shape A/S, 3Shape Inc. filed by 3Shape A/S, 3Shape Inc.. (Levine, James Harry) (Entered: 03/23/2021)
2021-03-23
1
NOTICE requesting Clerk to remove Goutam Patnaik, David J. Shaw, and Tuhin Ganguly of Desmarais LLP as co-counsel. Reason for request: No longer representing Defendants 3Shape A/S, 3Shape Trios A/S, and 3Shape, Inc.. (Levine, James Harry) (Entered: 04/23/2021)
2021-04-23
1
MOTION for Pro Hac Vice Appearance of Attorney Ryan C. Deck - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of Ryan C. Deck, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/29/2021)
2021-04-29
1
MOTION for Pro Hac Vice Appearance of Attorney Gwendolyn Tawresey - filed by 3Shape A/S, 3Shape Inc.. (Attachments: # 1 Certification of Gwendolyn Tawresey, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/29/2021)
2021-04-29
1
SO ORDERED
2021-04-30
1
No Actions
SO ORDERED, re 435 MOTION for Pro Hac Vice Appearance of Attorney Gwendolyn Tawresey filed by 3Shape A/S, 3Shape Inc., 434 MOTION for Pro Hac Vice Appearance of Attorney Ryan C. Deck filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 4/30/21. (ntl)
2021-04-30
1
No Actions
Add Attorneys - PHV only
2021-05-03
1
No Actions
Pro Hac Vice Attorney Ryan C. Deck for 3Shape A/S and 3Shape Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
2021-05-03
1
No Actions
NOTICE of Name Change of Faye E. Paul to Faye Paul Teller by Align Technology, Inc. (Shaw, John) (Entered: 05/28/2021)
2021-05-28
1
NOTICE requesting Clerk to remove Blair M. Jacobs as co-counsel.. (Castellano, Jeffrey) (Entered: 06/10/2021)
2021-06-10
1
NOTICE of Change of Address for Washington, DC office of Troutman Pepper Hamilton Sanders LLP by 3Shape A/S, 3Shape Inc. (Levine, James Harry) (Entered: 06/15/2021)
2021-06-15
1
NOTICE requesting Clerk to remove John S. Holley as co-counsel.. (Castellano, Jeffrey) (Entered: 07/01/2021)
2021-07-01
1
NOTICE requesting Clerk to remove Brittanee L. Petrik, Esq. as co-counsel.. (Levine, James Harry) (Entered: 10/13/2021)
2021-10-13
1
NOTICE requesting Clerk to remove David M. Fry as co-counsel.. (Shaw, John) (Entered: 11/08/2021)
2021-11-08
1
NOTICE requesting Clerk to remove Faye Paul Teller as co-counsel.. (Shaw, John) (Entered: 01/21/2022)
2022-01-21
1
STIPULATION and [Proposed Order] Staying Proceedings Pending Settlement by Align Technology, Inc.. (Shaw, John) (Entered: 02/09/2022)
2022-02-09
1
SO ORDERED, re 443 STIPULATION and [Proposed Order] Staying Proceedings Pending Settlement filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 2/14/22. (ntl) (Entered: 02/14/2022)
2022-02-14
1
STIPULATION of Dismissal with prejudice of all claims and defenses in this action by Align Technology, Inc.. (Shaw, John) (Entered: 03/02/2022)
2022-03-02
1
Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 03/03/2022)
2022-03-03
1
~Util - Terminate Civil Case AND SO ORDERED
2022-03-03
1
No Actions
SO ORDERED, re 445 Stipulated Order of Dismissal filed by Align Technology, Inc., ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 3/3/22. (ntl)
2022-03-03
1
No Actions